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HomeMy WebLinkAbout07142004 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, ,,JULY 14, 2004 - 7:00 P.M. CITY COUNCIL CHAMBERS t225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - '~225MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before delibemUon of the item by the City Council - limit of five minutes per speaker (R-04-26) 1, CALL TO ORDER 2, PLEDGE OF ALLEGIANCE LED BY COUNCILMEMBER CONIGLIO 3.' MOMENT OF SILENCE 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the w#lten agenda may be added only upon a unanimous vote of City Council members (R-04-26) 04.165 04.166 04.015 04.103 PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS A. Pride in Sebastian Appreciation Award for New Construction & Exceptional Landscaping Pride in Sebastian Appreciation Award for New Construction/Renovation B. Certificate of Appreciation to Wayne LeBoeuf for Parks and Recreation Advisory Board Service C. Certificate of Appreciation to Sal Neglia for Code Enforcement Board Service D. Completion of Institute for Elected Municipal Officials Certificate Presentation to Councilmember Heptinstall 1-18 lg-26 04.024 29-30 04.054 31-46 04.167 47-52 04.036 53-60 04.073 61-66 04.073 67-72 04.073 73-78 04.073 79-84 04.060 $5-86 = CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council se requests; in which event, the item will be removed and acted upon separately. A. Approval of Special Meeting Minutes - 612/04 B. Approve of Regular Meeting Minutes - 6/23/04 Authorize the City Manager to Execute the Historic Preservation Grant Award Agreement Amendment Number One, Extending the Original Grant from June 30, 2004 to December 31, 2004 (City Manager Transmittal 7/9/04, Amendment) Resolution No. R-04-27 MPO Interlocal Agreement (City Clerk Transmittal 7/1/04, Letter, R-04-27, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-00-53, AUTHORIZING THE MAYOR TO EXECUTE A REVISED INTERLOCAL AGREEMENT FOR CREATION OF THE INDIAN RIVER METROPOLITAN PLANNING ORGANIZATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-04-28 Final Plat for Sandddge Estates Phase Two Subdivision (GMD Transmittal 7/6104, R-O4-28, Plat Copy, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS SANDRIDGE ESTATES PHASE TWO; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE, Approve Assignment and Amendment to Non-Aviation Lease Agreement between the City of Sebastian and Mr. Steve Phillipson at Sebastian Municipal Airport (Airport Transmittal 6/29/04, Amendment, letters, Legal Description Approve Work Authorization #1 for Donadio & Associates, Architects, PA to Design a Conceptual Site Plan for Riverview Park West in the Amount of $9,000.00 (Public Works Transmittal 6/29/04, Work Authorization #1, Proposal) Approve Work Authorization #2 for Donadio & Associates, Architects, PA to Design a Conceptual Site Plan for Riverview Park East in the Amount of $7,000.00 (Public Works Transmittal 6/29/04, Work Authorization ~Y2, Proposal) Approve Work Authorization ~ for Donadio & Associates, Architects, PA to Design a Conceptual Site Plan for Easy Street Park improvements in the Amount of $4,500.00 (Public Works Transmittal 6/29/04, Work Authorization #3, Proposal) Approve Work Authorization ~4 for Donadio & Associates, Architects, PA to Design a Conceptual Site Plan for Bryant Court Park in the Amount of $4,500.00 (Public Works Transmittal 6~29~04, Work Authorization #4, Proposal) Authorize the Purchase of Furnishings for the New City Hall and Police Department from Thomas W. Ruff & Company in the Amount of $195,383.34; Todays Business Interiors in the Amount of $116,392.39; and United Business Systems in the Amount of $24,480.00 (GSA Transmittal 7/6/04) 2 04.031 89-98 04.031 99-116 04.031 117-132 COMMITTEE REPORTS/RECOMMENDATIONS. none PUBLIC HEARING I~roceduresforpublichea~ngs: (R-04-26) Mayor opens healing Attorney roads o~inance of maolution Staff Presentation Applicant Pmsentetion Public input - Limit of 5 minutes per speaker Applicant Summation Staff summation Mayor closes headng Council ac~on Anyone wishing to speak is asked to sign up before the meeting, when called go to the podium and state his or her name for the record. Public Hearing and Second Reading of Ordinance No. 0-04-09 Petition for Voluntary Annexation by Daniel Spencer for 38.27 Acre Parcel of Land Immediately South of Sebastian River Landing Phase II Along 0R510 (GMD Transmittal 6/29/04, 0-04-09, Letter, Map, FS171.44) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, FROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 38~27 ACRES MORE OR LESS, WEST OF SEBASTIAN RIVER SOUTH PRONG AND EAST OF CR510 BEING A PART OF SECTION 26, TOWNSHIP 31, RANGE 38; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. (ad 7/2/04 Press Journal) Public Hearing and Second Reading of Ordinance No. O-03-18 Land Use Amendment for a Proposed 38.27 Acre Private Subdivision Situated Along CR510 Immediately South of Sebastian River Landings Phase II and Immediately East of Sebastian River High School (GMD Transmittal 5/29/04, O-03-18, Map, Application, Recommendation, Staff Report) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNiT PER ACRE (R) FOR LAND CONSISTING OF 38 ACRES, MORE OR LESS, WEST OF SEBASTIAN RIVER SOUTH PRONG AND EAST OF CR510 BEING A PART OF SECTION 26, TOWNSHIP 31, RANGE 38; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. Quasi-Judicial Public Hearing and Second Reading for Ordinance No. O-04-10 Conceptual Development Plan and Rezoning Request from Agriculture (A-l) to RS-10 for a Proposed 38 +t- Acre Tract of Land Situated Immediately South of Sebastian River High School (GMD Transmittal 6/29/04, O-04-10, Plan, Report,' Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF RESIDENTIAL SINGLE-FAMILY (RS-10) FOR ANNEXED LAND WiTH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURAL, I UNIT PER 5 ACRES (A-l) FOR LAND CONSISTING OF 38.27 ACRES, MORE OR LESS, WEST OF SEBASTIAN RIVER SOUTH PRONG AND EAST OF CR510 BEING A PART OF SECTION 26, TOWNSHIP 31, RANGE 38; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. (ad 7/2/04 Press Journal) 3 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occutTed or was discovered w~thin the previous six months which is not otherwise on the agenda - sign-up required - limit of five minutes for each speaker 11. OLD BUSINESS - None 12. NEW BUSINESS - None 13. CITY ATTORNEY MATTERS 04.163 A. Discuss Non-Binding Referendum 14. CITY MANAGER MATTERS 04.024 A. Update Regarding Historic Preservation Planning 15. CITY CLERK MATTERS 04.168 133-135 16. A. Discuss Council Expense Account/Travel Policy (Memo) CITY COUNCIL MATTERS 04.148 B. C. D. Ms. Monier Mr. Barczyk Mayor McCollum Mr. Heptinstall i, Consideration of Acquiring Olmstead Property Mr. Coniglio t7. ADJOURN (All meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by ama. iodty vote of City CounciO If any person decides to appeal a decision with any respect to any matter considered at the above hearing or meeting, said person will need a verbatim record of ali proceedings including the testimony and evidence, which is not provided by the City, (F.S.286.0105) In compliance with the Americans with Disabilities Act (ADA), anyone who needs spedal accommodation for this meeting should contact the City's ADA coordinator at 589-5330 at least,48 hours in advance of this meeting. Hearing Assistance Headphones are Available in t~e Council Chambers for all Government Meetings. Upcoming Meetings: · City Council Community Redevelopment Agency & Community Redevelopment Advlao~y C~ Workshop July 21, 2004, 7:00 pm · Regular City Council Meeting - J~ty 28, 2004 - 7:00 pm · Regular City Council Meeting - August 11, 2004- 7:00 pm oBudget Workshop-August 17, 2~04, 6.'OO pm · Regular City Council Meeting - August 25, 2004 - 7:00 pm , Regular City Council Meeting- Seplernber 8, 2004- 7:00 pm · Regular City Council Meeting - September 22, 2004 - 7:00 pm · Regular City Council Meeting - October 13, 2004 - 7:00 pm · Regular City Council Meeting - Ociober 20, 2004 - 7:00 pm · Ragularcity Council Meeting- November 10, 2004- 7:00 pm · Regular City Council Mee~ng- November ~, 2004- ?.~0 pm · Regular City Council Meeting - December 8, 2004 - 7:00 pm Presedurel On~er for Quasi, Judicial Heennqs 1, Mayor Opens Hearing 2. City Counsel Members Disclose Ex.Parte Communication in Accordance with Law 3.Applicant or Agent Makes Presentation in Favor of Request Following Swentthg In By City Clerk 4. Staff Presents Findings and Analysis Following Sv,~aHng In by c~ C,~rk 5. Council Asks Questions of the Applicant and Staff 6. Mayor Opens the Floor for Anyone in Favor of the Request who wishes to speak or ask ~lueskons 7. Mayor Opens the Floor for Anyone in OppnsYdon fo the Request who wishes fo speak or ask questions 8. Applicant Provided Opportunity iD Respond fo Issues Raised by Staff or Publ~c g. Staff Provided Opportunity fo Summarize Request 10. City Council Dellheretion and Questions 11. Mayor Calls for a Motion 1Z Ct~y Council Action 4 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL SPECIAL MEETING MINUTES WEDNESDAY, JUNE 2, 2004 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McCollum celled the Special Meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Mike Heptinstall CouncJLmember Lisanne Monier Staff Present: City Manager, Terrence Moore City Attorney, Rich Stdnger City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director (GMD), Tracy Hass Police Lieutenant, Michelle Morris Special City Council Meeting June 2, 2004 Page Two DRAFT m PUBLIC HEARINGS (certain of these items are quasi-judicial - see back of agenda for quasi-judicial procedures) 04.130 1-12 A. CROSS CREEK l) Second Readin,q and Public HeadnR for Ordinance No, 0-04-07 Cross Creek Voluntary Annexation (GMD Transmittal 5/21/04, 0-04- 07, Restrictive Covenant, Letter, Map, FS 171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 115 ACRES, MORE OR LESS, LOCATED ALONG POWERUNE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney gave an overview of procedures on these separate issues, first deciding on the merits of annexation and then the land use for the property, and finally rezoning and conceptual plan; and advised that discussion of the plan does not come in on the annexation and land use. He then read Ordinance No. 0-04-07 by title and offered a developer's agreement for Powerline Road which will amend section six of the ordinance (see new page six attached). It was noted that the applicant was not in attendance, and the final agreement was with him. Mayor McCollum opened the headng at 6:05 p.m. The Growth Management Director gave a brief presentation on the proposed annexation, which includes improvements to Powerline Road. Andrea Coy, Sebastian, inquired whether annexation could require a referendum, citing FS 171. The City Attorney described Flodda Statutes relative to voluntary annexations in 171.044, which does not require a referendum. She then submitted a copy of comments from the Department of Community Affairs (DCA) dated April 5, 2004, and the City Attorney advised her that the comments are related to land use rather than annexation. Walter Barnes, Sebastian described 57 annexations in the City since its beginnings. He said annexation is not a new thing, and the City should control new development. Sal Neglia opposed the annexation, citing increased population and crime; and recommended a non-binding straw ballot in November. Louise Kautenberg, Sebastian, said the City cannot control what is not within its boundaries. 2 Special City Council Meeting June 2, 2004 Page Three Rich Taracka, Sebastian, cited a study regarding annexations and recommended a referendum. George Ireland, Sebastian, inquired why Council wanted to annex this property. John Bowles, Mosby and Associates, said he wes representing the Cross Creek applicant, however, Mr. Dill arrived and made the presentation. Attorney Warren Dill, representing the applicant, apologized for being late and presented the request for annexation which abuts the City on three sides, cited a reduction in density to 1.6 units per acre, and described the terms of the developer's agreement which provides access by Powerline Road from Barber south to the southern boundary of the Fischer property, with paving and drainage improvements at the developer's expense. He noted the power poles are on a Fischer easement, that the developer will design and improve the road, and then the City will take jurisdiction. The Growth Management Director explained that when reviewing voluntary annexation requests, staff looks at fiscal impacts to the City, and when residential, they require develobem to maintain their own infrastructure improvements such as streets, stormwater, weter and sewer. The City Attorney said the Metropolitan Planning Organization has alweys advocated improvements to Powerfine Road. City Council discussion followed relative to County property being developed on CR 510 that is three units per acre; visions for the future of Sebastian, plans to hire new police officers with increased revenues from growth and based on current boundaries, and benefit of the Powerline Road improveme~, In response to Mr. Barczyk, Mr. Dill said Shakespeare access is no longer being considered. Mayor McCollum closed the headng at 7:00 p.m. On MOTION by Mr. Coniglio, and SECOND by Mr. Heptinstall, Ordinance No. 0-04- 07 as amended (page 6) was adopted by a vote of 5-0. Special City Council Meeting June 2, 2004 Page Four 2) Second Reading and Second (Adoption) Public Hearing for Ordinance No. O-03-16 Cross Creek Comprehensive Land Use Plan Amendment (GMD Transmittal 5/2t/04, 0-03-16, Map, Application, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSI'rY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, I UNIT PER ACRE (R) FOR LAND CONSISTING OF 115 ACRES, MORE OR LESS, LOCATED ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. TAPE I - SIDE fl (7:01 p.m.) The City Attorney read Ordinance No. O-03-16 by title and Mayor McCollum opened the hearing at 7:02 p.m. Rich Taracka, Sebastian, said in annexation, commercial development breaks even and industrial development pays for itself. Andrea Coy, read from DCA objections dated April 5, 2004 (submitted as an Exhibit). The Growth Management Director stated that the City's response to DCA will include updated data from Indian River County for the final transmittals. She noted that the current land use map is dated 1991, noted deficiencies set out in the comments and requested staff comments before adoption. The City Attorney said DCA is aware that the City is updating its comprehensive plan and inventory and data will be brought up to date. The Growth Management Director said discussions have taken place with Indian River County staff, all final data will be obtained, and all infrastructure must be in place before any development orders are issued. Mayor McCollum closed the headng at 7:14 p.m. Mr. Dill said this is a self-contained community with all infrastructure being provided by the developer, that there would be a concurrency problem if they could not get water and sewer, development would probably not take place; and reiterated that the developer signed a restrictive covenant stating it would not develop over three units per acre. On MOTION by Ms. Monier, and SECOND by Mr. Coniglio, Ordinance No. O-03-16 was adopted by a vote of 5-0. Special City Council Meeting June 2, 2004 Page Five 31-46 3) Second ReadinR and QUASI.JUDICIAL Public Hearing for Ordinance No. 0-04-08 Cross Creek Rezon n.q (GMD Transmittal 5/21/04, 0-04- 08, Map, Plan, Staff Report, P & Z Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF RESIDENTIAL SINGLE-FAMILY (RS-10) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURAL I UNIT PER 5 ACRES (A-l) FOR LAND CONSISTING OF 115 ACRES, MORE OR LESS, LOCATED ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-04-08 by title and noted correction to the numbering (change section 7 to section 6) and Mayor McCotlum opened the hearing at 7:20 p.m. There was no ex-parte communication to be disclosed. The City Clerk swore in all who intended to offer factual testimony. Applicant or A,qent Presentation Mr. Dill said he would respond to any questions. Staff Presentation None. Council Questions of Applicant and Staff None. Anyone in Favor of the Request None. Anyone in Opposition to the Request Clive Beckwith expressed concern that trucks will be using Shakespeare during development and recommended an agreement prohibiting use of the street. The GMD said Powerline Road will be the only access to this development and this can be enforced dudng preliminary development. 5 Special City Council Meeting June 2, 2004 Page Six 04.132 47-55 Mayor McCollum dosed the public input portion. Applicant Opportunity to Respond to Issues Raised by Staff or Public Mr. Dill said, for the record, the developer has no intention of using Shakespeare Street for any reason. Staff Opportunity to Summarize Request The GMD presented closing statements and recommended approval. City Council Deliberation and Questions It was noted the setbacks are a minimum of ten feet in RS-10 and the plan had been corrected and density is 1.6 units per acre. City Council Action On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, Ordinance No. 0-04-08 was adopted by a vote of 5-0. Mayor McCollum called recess at 7:30 p.m. and reconvened the meeting at 7:36 p.m. All members were present. B, SEBASTIAN CROSSINGS 1) Second Readin,q and Public Hearin,q for Ordinance No. O-04-11 Sebastian Crossin~s Voluntary Annexation {GMD Transmittal 5/21/04, O-04-11, Restrictive Covenant, Letter, Map, FS 171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 60 ACRES, MORE OR LESS, EAST AND ADJACENT TO SEBASTIAN RIVER MIDDLE SCHOOL KNOWN AS SEBASTIAN CROSSINGS; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Ordinance No. O-04-11 by title and Mayor McCollum opened the hearing at 7:37 p.m. The GMD presented staff report on the annexation, which incorporates residential and 14.5 acres of commercial development. Being no public input Mayor McCollum closed the hearing at 7:42 p.m. 6 Special City Council Meeting June 2, 2004 Page Seven Timothy Jelus, 1682 West Hibiscus, Melbourne, presented the request for approval. On MOTION by Ms. Monier, and SECOND by Mr. Coniglio, Ordinance No. O-04-11 was adopted by a vote of 5-0. 59-78 2) Second Readin,q and Second Public Hearin.q for Ordinance No. O-03- 24 Sebastian Crossin.qs Comprehensive Land Use Plan Amendment (GMD Transmittal 5/21/04, O-03-24, Map, Application, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATIONS OF LOW DENSITY RESIDENTIAL (LDR) AND GENERAL COMMERCIAL (CG) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW-DENSITY RESIDENTIAL, 3 UNITS PER ACRE (L-l) FOR LAND CONSISTING OF 60 ACRES, MORE OR LESS, EAST AND ADJACENT TO SEBASTIAN RIVER MIDDLE SCHOOL KNOWN AS SEBASTIAN CROSSINGS; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. The City Attorney read Ordinance No. 0-03-24 by title and Mayor McCollum opened the headng at 7:45 p.m. The Growth Management Director noted a typo in the staff report, noting there are 137 units at 2.99 units per acre with a land use category of Iow density and the remainder of the property commercial general. Mayor McCollum closed the public hearing at 7:49 p.m. On MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk, Ordinance No. 0-03-24 was adopted by a vote of 5-0. 79-96 3) Second ReadinR and QUASI-JUDICIAL Public Hearin.q for Ordinance No. O-04-12 Sebastian Crossin,qs Rezoninp/PUD Conceptual Development Plan (GMD Transmittal 5/21/04, O-04-12, Map, Plan, Report, P & Z Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) AND COMMERCIAL GENERAL (cg) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISTING OF 60 ACRES, MORE OR LESS, EAST AND ADJACENT TO SEBASTIAN RIVER MIDDLE SCHOOL KNOWN AS SEBASTIAN CROSSINGS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 7 Special City Council Meeting June 2, 2004 Page Eight The City Attorney read Ordinance No. O-04-12 by title and Mayor McCollum opened the hearing at 7:51 p.m. There was no disclosure of ex-parte communications to be disclosed. Applicant or A,qent Presentation Tim Jelus presented the rezoning and conceptual development plan. Staff Presentation The GMD presented staff recommendation for approval of the proposed PUD. Council Questions of Applicant and Staff Mr. Jelua cited the location of the old cemetery, and methods to protect it. Mr. Heptinstall said he did not want to see foot traffic through the cemetery and Mr. Jelus said he believed the cemetery is fenced on the north and west side. Ms. Monier suggested a non-monotony clause when the PUD is developed and Mayor McCollum suggested putting something in tanguage to require this. The GMD said there is a some generic language which gives staff this ability during the preliminary development stage. Anyone in Favor of the Request None. Anyone in Opposition to the Request None. Applicant Opportunity to Respond to Issues Raised by Staff or Public None. Staff Opportunity to Summarize Request None. City Council Deliberation and Questions None. City Council Action On MOTION by Ms. Monier, and SECOND by Mr. Heptinstall, Ordinance No. 0-04- 12 was adopted by a vote of 5-0. 8 Special City Council Meeting June 2, 2004 Page Nine 04.133 C. 97-106 RIVER OAKS 1) Second Readinq and Public Hearin.q for Ordinance No. O-04-13 River Oaks Preserve Voluntary Annexation (GMD Transmittal 5/21/04, O- 04-13, Restrictive Covenant, Letter, Map, Survey, FS 171.044} AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 152 ACRES, MORE OR LESS, NORTH OF CR 510 AND SOUTHEAST OF ELKCAM DAM KNOWN AS RIVER OAKS PRESERVE; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-04-13 by title and Mayor McCollum opened the headng at 8:00 p.m. The GMD said the 1.31 acre property on the southwest corner is not included in this proposed annexation is 149.05 acres with a density of 2.46 units per acre; said all access will be to CR510. (Following this meeting the acreage was corrected at 147.47) Being no public input, Mayor McCollum closed the public input portion of the headng. Rick Melchiod, WCG NeeI-Shaffer, engineer and applicant representative, said abutting property owners were contacted and asked to enter their letters into the record (included in a packet of information he submitted for the record); and presented the request for annexation, citing a positive financial impact to the City. Mayor McCollum explained his reasons for objecting to this annexation and suggested a non-binding strew ballot might be needed. TAPE It - SIDE I (8;05 p.m.) A lengthy discussion took place on collection of impact fees, other financial impacts and administrative fees for collection. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, Ordinance No. O-04-13 was adopted by a vote of 3-2 (McCollum, Barczyk - nay) 107-126 2) Second Readin.q/Second Public Hearin.q for Ordinance No. 0-03-26 River Oaks Comprehensive Land Use Plan Amendment (GMD Transmittal 5/21/04, 0-03-26, Map, Application, P & Z RecommendationS. AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WiTH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL. I UNIT PER ACRE (R) FOR LAND CONSISTING OF 152 ACRES, MORE OR LESS, NORTH OF CR 510 AND SOUTHEAST OF ELKAM DAM KNOWN AS RIVER OAKS PRESERVE; AUTHORIZING ~ FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING/~ ,,~ '~ FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. ( (~ ~ Special CityCouncil Meeting June 2, 2004 Page Ten The City Attorney read Ordinance No. 0-03-26 by title and Mayor McCollum opened the hearing at 8:21 p.m. The GMD briefly presented staff recommendation for Iow density residential land use. Andrea Coy again referred to DCA comments dated April 5, 2004 and requested that assurances be given to the public that their objections have been met pdor to approval. She read the objection for the record. She said Chief Davis has said that the department is ten to twelve officers short now. Cynthia Nixon, Sebastian, said she is concerned about this development connecting to her street. The City Attorney said the issue is whether the land should be residential, multi-family, etc. She said the City is not prepared to provide services to this site and the GMD responded he will cover this issue under the next item. Samantha Haynes, Sebastian, said she was concemed about the development using Lagoon Lane. She stated that she did not get a letter during initial stages of this proposed development. Rick Melchiori responded to concems about DCA comments, noting that adequate public service and concurrency will have to be in place for this development to go through. The GMD said DCA can find the City in violation if the City has not provided responses to their concerns. Mr. Barczyk said the 28 members of the Treasure Coast Regional Planning Council also review these requested amendments and concerns have to be addressed. The GMD said eight different agencies review these developments for consistency. Mayor McCollum said City residents should not have to petition the City to prevent construction traffic on City streets. The GMD said there is no intention to use Lagoon Street and Mr. Melchiori concurred. Ms. Monier again cited the financial benefit, which will enable the hidng of new police officers. On MOTION by Ms. Monier, and SECOND by Mr. Coniglio, Ordinance No. 0-03-26 was adopted by a vote of 3-2 (McCollum, Barczyk - nay) 10 Special City Council Meeting June 2, 2004 Page Eleven 127-148 3) Second Readin,q and QUASI-JUDICIAL Public Hearing Ordinance No. O-04-14 River Oaks Preserve Rezoninf:l (GMD Transmittal, 0-04- 14, Map, Plan, Report, Application, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNiT DEVELOPMENT RESIDENTIAL (PUD-R) IN ACCORDANCE WITH A CONCEPTUAL DEVELOPMENT PLAN FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISTING OF 152 ACRES, MORE OR LESS, NORTH OF CR 510 AND SOUTHEAST OF ELKCAM DAM KNOWN AS RIVER OAKS PRESERVE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. Mayor McCollum opened the public headng, There was no ex-parte communications to be disclosed. The City Clerk swore in all those who intended to offer factual testimony and the City Attorney read Ordinance No. O-04-12 by title. He advised that City Council may impose conditions on a PUD, send it back to P & Z, or approve or deny. Applicant or A,qent Presentation Rick Melchiori, presented the rezoning and PUD conceptual development plan which will be approximately 2.4 units per acre in three phases. He addressed concerns regarding buffering adjacent properties on the northwest corner, access to Lagoon would be only an emergency access. Staff Presentation The GMD stated that the LDC requires two means of ingress and egress, that staff had sat down with residents and developers, that the north access would be emergency access point Only, that staff had suggested another access onto CR 510, but Indian River County was not supportive, and the issue of intemonnectivity has been looked at. Council Questions of Applicant and Staff The City Attomey asked about an accel/decel lane and Mr. Melchiori responded that after the traffic impact statement it will be required and an obligation of the developer. Mr. Melchiod said the emergency access would be hedge-rowed to prohibit vehicles from using it. Mr. Coniglio said he would like to see another access point on 510, and Mr. Melchiod said the County asked them not to do it, but said he would approach the County again. The City Attorney said the County has no basis to deny it since it meets the green book (DOT traffic design standards). Discussion took place on the issue of//~ access to 510. 11 Special City Council Meeting June 2, 2004 Page Twelve Mr. Heptinstatl said, speaking from experience, there must be another access other than Lagoon for emergency purposes and perhaps negotiations need to be commenced with Indian River County. Mr. Coniglio said he would be satisfied if a meeting was scheduled with the County and City staff. The City Attomey said it could be approved conditioned on a second access to CR 510. The GMD said he would approach the County. TAPE II - SIDE fl (9:00 p.m.) MS. Monier said she was concerned about buffer adjacent to the St. Sebastian River, The City Attorney described the buffer area as indicated on the plan. Mr. Melchiori said all construction will be accessed by CR 510. Mayor McCollum said if the County will not allow the second access to 510 we need to notify the residents of the possibility that the emergency access may have to be Lagoon. Anyone in Favor of the Request None. Anyone in Opposition to the Request Clive Beckwith inquired about the status of a stand of trees on Lighthouse Avenue and Mr. Melchiori showed him the stand on the conceptual plan, and he was advised that the plan is approved in perpetuity if sold to another party. Samantha Haynes, Sebastian, thanked Council for their consideration of their concerns and encouraged them to continue to move in the direction of using 510. Mr. Heptinstall said if used for emergency access it would have to be a gated roadbed. In response to Ms. Wagner, Mr. Melchiori said the property is in flood zone A. George Ireland said development will kill the giant oak referenced earlier and said he could not understand why 55 foot lots are necessary. Mayor McCollum responded to his concerns. Linda Madigan, Sebastian, said US consensus figures show a great increase in Sebastian growth but that developers are not the problem but people who want to come here. Mr. Coniglio explained that PUDs allow for greater green area and lower density than typical residential zoning. 12 Mary Ann Krueger, Sebastian, expressed concern about pesticides going into drainage ponds and suggested restrictions be imposed for groundwater protection. Special City Council Meeting June 2, 2004 Page Thirteen Applicant Opportunity to Respond to Issues Raised by Staff or Public None. Staff Opportunity to Summarize Request None, City Council Deliberation and Questions In response to Mr. Heptinstall, Margaret A. Ryall (who was swom by the City Clerk) former owner of the property, said Sebastian was perfect in 1945, addressed City Council noting that this property was formerly productive orange groves, that pesticides were used and there was no effect on vegetation, that the land will be developed whether it is in the City or not. Mayor McColium recommended that the motion include the suggestion of Mr, Heptinstall that the emergency access be on 510 with a solid buffer across the Lagoon emergency access, and also if the 510 access cannot be done, the issue come back to Council so the public can be informed. Sandra Haynes addressed Council again on her concem that later residents might petition later Councils to be able to ddve through Lagoon to the property. Mayor McCollum also suggested a stipulation that all construction equipment use CR510. City Council Action On MOTION by Mr. Coniglio, and SECOND by Mr. Heptinstall, Ordinance No. O-04- 14 was adopted with the stipulation that we address the emergency through CR510 and construction equipment only use the 510 entrance on a vote of 5-0. Mayor McCollum called recess from 9:52 p.m. to 10:03 p.m. Special City Council Meeting June 2, 2004 Page Fourteen ITEMS NOT COMPLETED AND CARRIED FROM THE MAY 26, 2004 REGULAR MEETING (REFERENCED PAGE NUMBERS ARE FROM THE MA Y 26, 2004 AGENDA PACKET~ 9.A.(3) Ordinance No. O-03-21 - Rezoning/Conceptual Development Plan - Reconsideration Hearing from 4/14/04 (Backup Includes Documents Originally Presented at the 4/14/04 Regular Meeting Including Exhibits and Revised Conceptual Development Plan as Provided in Accordance w! Noted Correction at the 4/14/04 Meeting) I. This hearing is quasi-iudicial - see back of agenda for procedures AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) IN ACCORDANCE WITH A CONCEPTUAL DEVELOPMENT PLAN FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISTING OF 56 ACRES, MORE OR LESS, KNOWN AS ASHBURY SUBDIVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. Mayor McCollum advised that the May 26, 2004 meeting ended during this quasi- judicial headng dudng the applicant presentation. There was no additional ex-parte communication to disclose and no one new was in attendance with intention to offer factual testimony. All others were previously sworn. Applicant or Agent Presentation Joseph Schulke, Schulke, Biddle and Stoddard, continued a lengthy presentation on the rezoning and conceptual development plan. He gave a revised power point presentation (Exhibit). He reviewed materials he had distributed at the hearing on May 26, 2004 (Exhibit). TAPE III - SIDE I (10:15 p.m.) Mr. Schulke continued his presentation, and read a letter from School District Assistant Superintendent for Operations stating that purchase of this property is not a priority. He said there are no panthers and no bald eagles nesting on the site. He presented a petition containing 160 signatures supporting the project (Exhibit). Staff Presentation The GMD said he had no additional presentation. Council Questions of Applicant and Staff Mayor McCollum stated that 15% contribution for Powedine improvement wes insufficient and recommended 50%, objected to 3.47 percent density, objected to diminishing the contribution that Orange Heights makes in taxes to the City, noted 14 that proposed impact fees will go to Indian River County, and in the event of a hurricane, City funds will be used in Ashbury. Special City Council Meeting June2, 2004 ~ . ~ Page Fifteen ; ~ ~% ~ ~ Mr. Barczyk expressed concern about density. Mr. Coniglio said other gated communities are open dudng the daylight hours, and Mr. Schulke said when the homeowners association takes over perhaps this might be considered. In response to Mr. Heptinstall, Mr. Schulke said adjacent property owners in the Highlands and Mr. Coniglio had indicated in December they did not want all of Powerline Road paved, so they had previously agreed to pave a portion and put money in escrow. He stated that the applicant now agreed to fund 50% of the cost of paving. He said all gopher tortoises possible will be relocated to the buffers. In response to Ms. Monier, the City Attomey said it was the intent of former Council to have three units per acre for periphery properties within the urban service area outside of the City boundaries. Anyone in Favor .of the Request Louise Kautenberg, Sebastian, said people who work in the City are being pdced out of the City. Linda Madigan, Sebastian, said we are mandated to plan our communities to protect the environment, to have comprehensive plans, and to adopt proper best management practices. She stated that new developments are helping to save the Indian River Lagoon, and lauded civil engineers for the work they do. Jason Saunders, Delaware Avenue, Sebastian, said Ashbury will be affordable and good for Sebastian. William Schulke, Sebastian, said if development stops, taxes will go up. Dick Bird, Vero Beach, said Coy Clark's projects have turned out very well in Indian River County and Brevard County. He said he learned that elected officials must look at the long term best interests of the community when making these decisions. Terry ??, Indian River Neighborhood Association, said the percentage of growth in the last decade was the same as it was three decades ago, said this area will never become like south Florida, there is controlled growth here. Barbara Barron, Sebastian, urged approval of the project. Alan Green, Vero Lake Estates, said Mr. Clark is community sensitive and Mr. Schulke is a quality engineer. Special City Council Meeting June 2, 2004 Page Sixteen TAPE III- SIDE tl (11:20 p.m.) It was the consensus of City Council to complete this item and carry all other items on this agenda to the beginning of the next regular meeting on June 9, 2004. Anyone in Opposition to the Request Mary Ann Krueger objected to the project based on environmental concerns. Andrea Coy expressed concern for DCA comments, noted the project was denied by P & Z, described Exhibit G from Mr. Schulke's information packet, said Council has control of the density, that people have never seen what the houses look like, theft is on the dse on construction sites, proponents have financial gain, and noted all of Indian River County is her backyard. Sal Neglia applauded those who spoke in favor for their expertise. Debbie Wagner, Vero Beach, said the County does not allow you to count retention ponds as open space, and asked what the monthly maintenance fees are going to be. Applicant Opportunity to Respond to Issues Raised by Staff or Public, Mr. Schulke stated nothing has been changed except to increase setbacks and buffers, and that he provided a new Exhibit G1 to show interior lots, and provided colored renderings. He said he did not know all of the people who spoke in favor of the project. He said the development will have county water and sewer, though some could use well or pond water for irrigation. Staff Opportunity to Summarize Request The GMD said it is a County requirement for new houses to hook up to water and sewer. City Council Deliberation and Questions Mr. Coniglio expressed approval for this proposed development, and Mr. Heptinstall concurred, commended Mr. Coy and Mr. Schulke for their professionalism, and Mr. Schulke senior for his input. City Council Action On MOTION by Mr. Coniglio, and SECOND by Mr. Heptinstall, Council adopted Ordinance O-03-21 with the stipulation that the City and Mr. Clark agree on fifty 16 percent to be held in escrow until the City deems necessary to pave the remainder of Powerline Road on a vote of 4-1 (Barczyk- nay). Special City Council Meeting June 2, 2004 Page Seventeen Mr. Coniglio suggested Council get through Old Business. On MOTION by Mayor McCollum, and SECOND by Mr. Heptinstall, to adjourn the meeting, motion failed 2-3. (McCollum, Heptinstall - nay) 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker 11. OLD BUSINESS 04.131 289-292 Request from Vice-Mayor Barczyk to Reconsider Ordinance No. O-04-09 Spencer Annexation and Take Ordinance No. O-04-10 Spencer Rezoning from the Table and Conduct First Readings on both Ordinances at This Time The City Attorney's memo which was previously distributed under separate cover relative to these two items was redistributed to Councilmembers, On MOTION by Mr. Barczyk, and SECOND by Ms. Monier, Council approved reconsidering Ordinance 0-04-09 on first reading by a vote of 4-1 (McCollum - nay) The City Attorney said that Council could now conduct the first reading on the ordinance. Mayor McColtum called recess at 12:05 a.m. and reconvened the meeting at 12:10 a.m. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, Council tabled the first reading of Ordinance No. O-04-09 on a voice vote of 4-1 (Barczyk - nay) Mayor McCollum adjourned the Special Meeting at 12:15 p.m. The remainder of items will be carried to the June 9, 2004 Regular Meeting. 12. 13. 14. NEW BUSINESS CITY A'FrORNEY MATTERS CITY MANAGER MATTERS 04.148 04.115 Feasibility of Acquisition of Former Beall's Property on U.S. Highway I and Unincorporated Enclave Property Contractor Selection Process for Old Schoolhouse/City Hall Building A'~'~ 17 Special City Council Meeting June 2, 2004 Page Eighteen 15. 04.037 293 CITY CLERK MATTERS A. Notification of Board of Adjustment Meeting 6/9/04 - 6:30 p.m. B. Reminder of Community Redevelopment Advisory Committee Appointments (Press Release) t6. CITY COUNCIL MATTERS A. Mayor McCollum B. Mr. Heptinstall C. Mr. Coniglio D. Ms, Monier E. Mr. Barczyk 17. ADJOURN Approved at the meeting. Nathan B. McCollum, Mayor A'I-I'EST: Sally A. Maio, CMC, City Clerk 18 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 23, 2004 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor McCollum called the Regular Meeting to order at 7:05 p.m. The Pledge of Allegiance was led by Vice Mayor Barczyk. There was a moment of silence. ROLL CALL City Council Present Mayor Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Mike Heptinstall City Council Absent: Councilmember Lisanne Monier (excused) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams City Engineer, David Fisher Police Chief, James Davis Public Works Director, Terry Hill Regular City Council Meeting June 23, 2004 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R~03-14) None. 6. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS 04.026 B. Presentation by Departmeht of Human Resources - Inclement Weather Policy, Procedures and Li.qhtninR Prevention Education Pro,qram (HR Transmittal 6/16/04, Policy, Postin.q) The Human Resources Director presented the City's new Lightning Awareness Program. Mayor McCollum requested that signs also state that at the first signs of lightning all activities will cease. The Human Resources Director said the downside of this is enforcement of halting the activities. The City Attorney said it would be more appropriate to put language in the agreements with sports organizations. The City Manager said this information will be placed on the City's website. Mr. Coniglio said he was still unsatisfied with the program at the Golf Course; and suggested safe shelter sites be posted. Liability issues were discussed. 04.028 A. Presentation by Representatives of Patterson-Bach Communications, Inc. - Update Re,qardin.q Economic Development Marketing Strategies for Sebastian Chuck Wheeler, Patterson-Bach, presented an update on the Economic Development Plan for the City of Sebastian. 04.157 C. Presentation by Department of En.qineerin.q - Various Roadway Dynamics in Sebastian The City Engineer gave a presentation on smooth traffic flow vs. public safety in a growing community (see his report attached to these minutes). TAPE I - SIDE II (8:03 p.m.) Mayor McCollum said all collector roads marked in orange need sidewalks. = CONSENT AGENDA Allitems on ~he consent agenda are considemc~ routine end will be enacted by o~e motion, Them will be no separate discussion of consent agenda items unlesc a member of City Council so mqueste; in which event, the item will be removed and acted upon separately. 5-16 A. Approval of Regular Meeting Minutes - 6/9/04 Regular City Council Meeting June 23, 2004 Page Three 04.108 B. 17-20 04.047 C. 21-56 04.158 D. 57-66 04.159 E. 67-68 69-82 Waive Competitive Bidding Procedures and Approve Sole Source Purchase from Rodney Hall Housemoving, Inc. of Palm City, Florida and Authorize the $24,000 Expenditure and All Ancillary Expenses in an Amount not to Exceed an Additional $10,000 to Relocate the Cain (Snowshoe) House to Riverview Park (South) (City Manager/Building Dept Transmittal 6/17/04, Certificate, Proposal) Resolution No. R-04-25 Design, Permitting,Bidding and Construction Services for Rehabilitation of Taxiway 'A" and Construction of Aircraft Parking Apron (Airport Transmittal 6/17/04, R-04-25, J PA Work Authorization #17, Exhibits) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING TO REHAB TAXIWAY A & APRON AND CONSTRUCT ADMINISTRATION BUILDING APRON; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. APprove Florida Department of Corrections Interagency/Public Works Agreement for One-Year Period from June 30, 2004 to June 30, 2005 and Authorize the City Manager to Execute Same (Public Works Transmittal 6/16/04, Agreement) Approve the Following Road Closures for Saturday, July 3fa, 2004, Independence Day Celebration: (Public Works Transmittal 6/15/04) -Indian River Ddve from Jackson Street South to Southern City Limits from 5:30 am until Crowd Disperses after Parade -Davis Street from North Central Avenue East to Indian River Drive from 5:30 am until the Crowd Disperses after Parade -indian River Drive from Coolidge Street South to Harrison Street as Crowd Arrives for Fireworks until 11:00 pm -Sebastian Blvd. from Just Past the Hess Station East to Indian River Ddve from 5:30 am until 11:00 pm Authorize the Execution of License Agreement Between the City of Vero Beach and the City of Sebastian for Use of Dark Fiber to Connect Sebastian Police Department and Indian River County (GSA Transmittal 6/15/04, Letters, Agreement) Mr. Barczyk removed item E, and Mr. Coniglio removed item E. On MOTION by Mr. Barczyk, and SECOND by Mr. Coniglio, all Consent Agenda items except A and E were approved by a vote of 4-0. Item A - 6/9/04 Minutes Mr. Coniglio noted a typo on page 12 of the minutes Ms. should be Mr. On MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk, item A was approved as amended. 3 Regular City Council Meeting June 23, 2004 Page Four 04.037 83-118 Item E -4~h of July Street Closin,qs Mr. Barczyk inquired as to the closing of the Riverview Park parking, Yacht Club parking and the boat ramps at 6:00 pm on Friday night. The City Manager stated this request helped to define what should be closed for this event. On MOTION by Mr. Barczyk and SECOND by Mr. Coniglio, direction was given to close the parking lots and boat ramps for the event by a voice vote. COMMITTEE REPORTS/RECOMMENDATIONS Mayor McCollum noted receipt of three additional applications provided since the agenda packet was sent out (see City Clerk memo attached with two additional applications and additional Graham application presented tonight) and asked for a vote of Council as to whether or not they should be considered. On MOTION by Mr. Barczyk, and SECOND by Mr. Coniglio, Council agreed to consider the three additional applications by a vote of 4-0. A. COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE Interview All Applicants and Appoint Four Positions by Nomination and Vote Position No. 1 (realtor, attorney, financial professional or accountant) (Eligible: Wayne LeBeou~, Warren Dill, Patricia Jamar, Sherfie Waltz, Louise Kautenberg, Damian Gilliams) City Council interviewed Wayne LeBeouf, Warren Dill, Patricia Jamar, Sherrie Waltz, Louise Kautenberg, and Damian Gilliams. Mr. Coniglio nominated Warren Dill. Mr. Heptinstall nominated Louise Kautenberg. Mr. Dill was appointed by vote of 3-1 (Heptinstall - Kautenberg) Position No. 2 (restaurateur, hotelier, water-related or tourism businessperson} (Eligible: Tom Collins, Damian Gilliams, Joe Graham) Mr. Heptinstall nominated Damian Gilliams Mr. Coniglio nominated Tom Collins Mr. Gilliams was appointed by vote of 3-1 (Coniglio - Collins) 4 Regular City Council Meeting June 23, 2004 Page Five Position No. 3 (resident of district~ (E/igible: Joe Graham) Mr. Coniglio nominated Mr. Graham who was the only eligible applicant, and it was the consensus of Council to appoint him to the position. Position No. 4 (resident of the city outside the district) (Eligible: Sherri Waltz, Wayne LeBeouf, James Webber, Louise Kautenberg) City Council interviewed James Webber. Mr. Coniglio nominated James Webber Mr. Heptinstall nominated Louise Kautenberg Mr. Barczyk nominated Wayne LeBeouf Vote resulted in 2 (LeBeouf)-I (Kautenberg)-I (Webber) vote, so Mr. Coniglio changed his vote to Mr. LeBeouf, and Mr. LeBeouf was appointed by a 3-1 vote. Appoint One Altemate from Pool of Applicants Mr. Coniglio nominated James Webber Mr. Barczyk nominated Louise Kautenberg Ms. Kautenberg was appointed alternate on a vote of 3-1 (Coniglio - Webber) Council Appointees Named Mayor McCoilum - Sal Neglia Vice Mayor Barczyk - Tom Frame Councilmember Coniglio - Patty Jamar Councilmember Heptinstall, Rich Bethune Councilmember Monier - Juliet Bruno The Sebastian Property Owners Association DesiRnates Andrea Coy and Executive Director of the Chamber of Commerce, Beth Mitchell Automatic appointees Andrea Coy and Beth Mitchell were noted for the record. Mayor McColium reiterated all appointments and asked for a motion to approve all. On MOTION by Coniglio, and SECOND by Heptinstall, Council accepted all appointments. The City Attorney clarified a glitch in the ordinance language whereby the two automatic appointments who are now regular voting members will not have to meet the three requirements, i.e., city resident, or property owner or business owner in the district. 5 Regular City Council Meeting June 23, 2004 Page Six Council scheduled a joint workshop with the new committee at 7 p.m. on July 21, 2004, which will be followed by an organizational meeting of the committee. Mr. Barczyk said he may have a conflict. Mayor McCollum called recess at 8:40 p.m. and reconvened the meeting at 8:50 p.m. All four members of Council were present. 9. PUBLIC HEARING - none t0. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occun"ed or waa discovered a~ithin the previous six months which is not otherwise on the agenda - sign-up required- limit of ten minutes for each speaker Everyone that signed up to speak chose to sPeak under the following agenda item. 11. OLD BUSINESS 04.160 A. 119-124 Resolution No. R-04-26 City Council Meetin,q Procedures (City Clerk Transmittal 6/17/04, R-04-26) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-99~34-R-03-14; ESTABLISHING THE DATE AND TIME FOR CITY COUNCIL MEETINGS, WORKSHOPS AND QUASI-JUDICIAL HEARINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES (OTHER THAN QUASI-JUDICIAL MAILERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-04-26 by title. The title was corrected to state R-03-14 rather than R-99-21. Mayor McCollum noted other changes can be made to this resolution if Council deems it necessary, '~-' Mr. Heptinstall recommended five minutes for public input based on information he ,~:- received at a recent elected officials training, in an effort to give everyone an :' opportunity to speak~ Mayor McCollum said in his review of 42 speakers, most speak for under five minutes, and said residents can address Council anytime by phone, and that input can be extended by majodty vote of the Council. He also recommended removing the automatic adjourn time for meetings and letting them end by a motion to adjourn. Mr. Barczyk suggested either all meetings adjourn at the same time or continue all meetings to complete items, specify the Charter provision section in the resolution regarding the calling of special meetings, that the requirement for a unanimous vote to add an item to an agenda be majority vote instead, reorganizing the agenda to such as the county sets theirs, and limiting speeches for presentations and proclamations, 6 Regular City Council Meeting June 23, 2004 Page Seven AFT TAPE II- SIDE I (9:18 p.m.) Mr. Coniglio recommended all meetings adjourn by 10:30 p.m. with one extension to 11 p.m, agreed with presentations being up front to accommodate visitors, said people can request to have their names included on the agenda, recommended that if people want to speak they should sign up and not be asked to come up and speak if they are not. He cited the survey conducted on public input time limits for other cities and said perhaps there are other procedures in the survey that can be looked at; and asked if Council had recourse when someone was sworn to tell the truth and then it is found to be false. The City Attorney said recourse for false statements under oath is to tUrn it over to the Police Department as a perjury complaint. The following members of the public objected to a reduction of the time limit for public input: Mickey Groeppler Richard Taracka Andrea Coy Sal Neglia Rex Clifford Louise Kautenberg concurred with reduction of the time limit. Mayor McCollum said no one is being shut off, Council members are available, and he is supporting the five minutes. On MOTION by Mr. Heptinstall, and SECOND by Mr. Coniglio, Council adopted a five minute time limit and that all Council meetings not go past 11 pm on a vote of 3-1 (Barczyk - nay) Mr. Barczyk suggested a change to the agenda format, but the City Attorney opined that the City Charter provides for the City Manager to set the agenda and Council can advise the Manager on the agenda format. 12. NEW BUSINESS 04.161 125-128 Ordinance No. O-04-15 Amendment to Chapter 102, Article V, Sebastian Stormwater Utility, Set Public Hearincl Date for July 28, 2004 (Engineering Transmittal 6/15/04, O-04-151 AN ORDINANCE OF THE C~TY SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 02, ARTICLE V SEBASTIAN STORMWATER UTILITY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. The City Attomey read Ordinance No. O-04-15 by title, and reviewed the proposed amendments. Regular City Council Meeting June 23, 2004 Page Eight 04.162 129-130 04.021 131-~150 13. 14. 15. 16. Discussion took place in response to questions from Mickey Groeppler, Andrea Coy and Sal Neglia relative to seawall funding, the $19 million set out in the Stormwater Master Plan for projects over the next several years, and why stormwater bond money was not enough to fund all projects. On MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk, Ordinance No. O-04-15 was passed on first reading and public hearing was scheduled for July 28, 2004 by a vote of 4-0. B. City Attorney Performance Evaluation (HR Transmittal 6/14/04) Mayor McCollum read his evaluation letter for Mr. Stringer into the record, and each City Council member present commended the City Attorney for his work. On MOTION by Mr. Barczyk, and SECOND by Mr. Heptinstall, Council gave Mr. Stdnger a five percent ar~nual increase by a vote of 4-0. Mr. Barczyk asked that Charter officer evaluation forms be revised and the City Manager advised that the Human Resources Director is working with Charter Officers to bring back a recommendation. CiTY ATTORNEY MATI'ERS The City Attorney thanked Council for their input; and said he had added Capital Sanitation to the Executive Session on July 14, 2004. CITY MANAGER MATTERS Acknowled,clements and Compliments from Residents (City Mana,qer Transmittal 6/15/04, Letters) Acknowledged citizen compliments from residents for police and code enforcement personnel. CITY CLERK MATTERS - None CITY COUNCIL MATTERS A. Mr. Coni.qlio Said if Council is interested, the Sembler property on the dverfront is available. Mayor McCollum suggested he give the information to the City Manager and perhaps he can bring it back to Council. RegularCity Council Meeting June 23,2004 Page Nine B. Ms. Monier - Absent C. Mr. Barczyk - None D. Mayor McColium 04.163 i. Proposals for Non-Bindin.q Referendum Regarding Annexation Mayor McCollum recommended a non-binding straw ballot to find out if residents want the Council to annex any more properties. On MOTION by Mayor McCollum, and SECOND b~ Mr. Heptinstall, Council instructed the Attorney to draw up a resolution for the July 14u' meeting to present to the Supervisor of Elections that the City of Sebastian wants a non-binding question on the November ballot which simply states "Should the City of Sebastian annex any more property~ by a vote of 3-1 (Coniglio - nay). In response to Sal Neglia, Mayor McCollum said there is no specific method in the Charter for a binding referendum, and a non-binding ballot is more appropriate. The City Attorney said the question should read, "Should the City stop any further annexations?" Mr. Coniglio said education of both sides of this issue is important, and that a third option "1 don't know" should be added. He said a landowner will try to get as much as he can out of his property and if he can't get it here he'll get it from the county. E. Mr. Heptinstall Mr. Gilliams requested that Council took again at the Ohlmstead property as a lease if his current contract falls through (see submittal attached). On MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk to adjourn the meeting, the motion failed on a 2-2 (tie) vote. Discussion continued. Mayor McCollum said placing this item on the agenda to take action requires an unanimous vote of the Council. 17. At 10:30 no motion was made to extend the meeting, therefore Mayor McCollum adjourned the meeting. Appmved atthe meeting. ATTEST: Nathan B. McCollum, Mayor 9 Sally A. Maio, CMC, City Clerk ~1~ OF HOME OF PEUCAN ISLAND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 · FAX (772) 589-5570 CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Historic Preservation Grant Award Agreement Amendment Number One '~Pp ¥~d for Sn l~"' .' City Manager Agenda No. (~ ©~_q Department Origin: Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Date Submitted: 07/09/04 For Agenda of: 07/14/04 Exhibits: Historic Preservation Grant Award Agreement Amendment Number One EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY The proposed Historic Preservation Grant Award Agreement Amendment Number One concerning the Sebastian Elementary School (Old City Hall) Project amends the original grant period from June 30, 2004 to December 31, 2004. RECOMMENDED ACTION Move to authorize the City Manager to execute the Historic Preservation Grant Award Agreement Amendment Number One, extending the original grant period from June 30, 2004 to December 31, 2004. "An Equal Opportunity Employer" Celebrating Our 75th Anniversary HISTORIC PRESERVATION GRANT AWARD AGREEMENT AMENDMENT NUMBER ONE Grant No. SC356 This AMENDMENT to the Agreement dated August 5, 2002, hereinafter referred to as the Agreement, between the State of Florida, Department of State, Division of Historical Resources, hereinafter referred to as the Department, and the City of Sebastian, hereinafter referred to as the Grantee, relative to the Sebastian Elementary School Project, hereinafter referred to as the Project, shall be effective when properly executed by the parties thereto, and shall be made a part of the original Agreement. The Grantee has requested revision of the Grant Per/ed ending date as described in the original Agreement. The requested revision has been reviewed by the Department and found to be in accordance with current regulations. The Agreement is amended as follows: The Grant Per/od ending date as described in the original Agreement is hereby changed from June 30, 2004 to December 31, 2004. All other terms, conditions and provisions of the Agreement remain in full force and effect. This Amendment is entered into and executed on ,2004. DEPARTNIENT OF STATE FREDERICK P. GASKE Director, Division of Historical Resources CITY OF SEBASTIAN Signature of Authorized Official Typed Name and Title of Authorized Official City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Resolution No. R-04-27- Revised MPO Interlocal Agreement Approved for Submittal by: Agenda No. Origin: City Clerk ~,~' Department Date Submitted: 7/1/04 For Agenda of 7/14/04 Exhibits: Keating Letter 6/7/04, R-04-27, Interlocal Agreement SUMMARY STATEMENT Indian River County MPO Staff Director, Robert Keating has submitted a revised Interlocal Agreement for Creation of the Metropolitan Planning Organization, which adds School District of Indian River County membership. Adoption of Resolution No. R-04-27 will authorize the Mayor to execute the interlocal agreement. RECOMMENDED ACTION Move to adopt Resolution No. R-04~27. tndlc~n r~lver COunty INDIAN R_rVER COUNTY ~LETROPOL1TAN PLANNING ORGANIZATION 1840 25th Street Vero Beach, Florida 32960-3355 (772) 567-8000, ext. 1237 Suncom: 224-1237 Fro,<: (772) 078-I806 pmatson(~jircgov corn Voting Members: City of Fellsmere Indian River County Tewn of indian River Shores City of Sebastian City of Veto Beach Non -Voting Members: indian River County ScilooI District Town of Orchid Florida Department o¢ Transportation Chairman Mayor Walter Barnes City of Sebastian Vice Chairman )eputy Mayor John McCants City o£ Felisrnere Staff Director June 7, 2004 Mr. Terrence Moore City Manager City of Sebastian 1225 Main Sla'eet Sebastian, F1 32958 Dear Mr. Moore: When the Indian River County MPC was formed in 1993, an apportionment plan was developed to establish the structure and representation of the MPC Policy Board. The MPO's 1993 (original) apportionment plan provided voting representation for the County, Vero Beach, Sebastian, Fellsmere, and tndianRiver Shores. In addition, the Indian River County School District 0RCSD), the Town of Orchid, and the Florida Department of Transportation were designated as nonvoting IvI?O Board members. Th/s apportionment plan was modified in 2002 to include one additional voting representative from the City of Sebastian and one additional voting representative from the County in order to reflect population growth in those areas. Recently, the Indian River County School District GRSCD) requested voting membership on the MPC Board. After analysis of this request and consideration of applicable state and FDOT regulations, lvlPO staff prepared a 2003 apportionment plan which was approved by the MPC at its November 12, 2003 meeting. The 2003 plan (attached) differs from the current plan by the addition of the IRCSD as a voting member of the MPC Board. Since the MPO's approval of the 2003 apportionment plan, the following activities have occm'red: A copy of the adopted apportionmefit plan was sent to each of the IvIPO member jurisdictions with a request that each accept or reject the MPO's proposed 2003 apportionment plan. Acceptance resolutions were adopted by the County, the Cities of Veto Beach, Sebastian, Fellsmere, the Town of Indian River Shores, and the Indian River County School District. A copy of the MPO's 2003 apportionment plan and the acceptance resolutions were sent to the Florida Department of Transportation (FDOT) and the Governor% office. On April 5, 2004, the Governor's office approved the MPO's 2003 apportionment plan. In May, 2004, FDOT approved a revised Interlocal Agreement - the document which must be executed by all local governments within the MPO area in order for the Apportionment Plan changes to be put in effect. To fmalize the process of adding an additional voting member from the Indian River County School District, each of the MPO member jurisdictions must now execute a revised INTERLOCAL AGREEMENT FOR CREATION OF THE INDIAN RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION. To implement the new apportionment plan and add an additional voting member from the Indian River County School District, the revised agreement must be approved in the same manner as the original agreement. Now that FDOT has finally approved the wording o£the revised agreement, I am sending you a copy of the agreement (copy attached) and requesting that you have the Cotmcil approve the agreement and authorize the mayor to execute the agreement. After the council takes action, MPO staff can deliver the original document for the mayor to sign. Thank you for your assistance regarding this matter. Please contact Phil Matson, Assistant MPO StaffDirector, at (772) 567-8000 x 1455 with any questions you may have. Sincerely, CCl Mayor Nathan McCollum, MPO Representative Couneilmember Ray Coniglio, MPO Representative Dave Fisher, TAC Representative RESOLUTION NO, R-04-27 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R4)0-~3, AUTHORIZING THE MAYOR TO EXECUTE A REVISED INTERLOCAL AGREEMENT FOR CREATION OF THE INDIAN RIVER METROPOLITAN PLANNING ORGANIZATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. ~q-IEREAS, City Council adopted Resolution No. R-92-30 approving an intedocal agreement creating the indian River County Metropolitan Planning Organization (MPO); and WHEREAS, City Council adopted Resolution No. R-99-38 approving the 1999 Apportionment Plan for the MPO which added the Indian River County School District as a voting member; and WHEREAS, City Council adopted Resolution No. R-00-53, approving a revised interiocal agreement creating the Indian River County Metropolitan Planning Organization (MPO); and WHEREAS, indian River County MPO has presented a revised interiocal agreement to finalize the process of adding Indian River County School Dis~ct as a voting member. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that;. Section 1. The Mayor is hereby authorized to execute the revised "STATE OF FLORIDA DEPARTMENT OF TRANSPORTA T/ON INTERLOCAL AGREEMENT FOR CREA T/ON OF THE INDIAN RIVER COUNTY METROPODTAN PLANNING ORGANIZ~ T/ON" as attached hereto as Exhibit "A'. Section 2. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 3. This Resolution shall become effective immediately upon adoption. The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Nathan B. McCollum Vice Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Mike Heptinstalr Councilmember Lisanne Monier The Mayor thereupon declared the Resolution duly passed and adopted this__ ,2004. day of CITY OF SEBASTIAN, FLORIDA ATTEST: By: Nathan B. McCollum, Mayor Sally A. Maio, CMC City Clerk (SEAL) Approved as to form and lagality for reliance by the City of Sebastian only: (~ch Stringer, CityAttomey FORM 525-010-01 POLICY PLANNING OGC - 07/03 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION THIS INTERLOCAL AGREEMENT is made and entered into this day of ,2004, by and bet~veen the FLORIDA DEPARTMENT OF TRANSPORTATION; the COUNTY OF INDIAN RIVER; the CITIES OF VERO BEACH, SEBASTIAN, and FELLSMERE; the TOWNS OF INDIAN RIVER SHORES and ORCHID; and the SCHOOL DISTRICT OF INDIAN R/VER COUNTY. RECITALS WI-[EREAS, the Federal Government, under the authority of 23 United States Code 134 and 49 United States Code 5303, requires each metropolitan area, as a condition to the receipt of federal capital or operating assistance, to have a continuing, cooperative, and comprehensive transportation planning process that results in plans and programs consistent with the comprehensively planned development of the metropolitan area, and further requires the State Transportation Agency and the Metropolitan Planning Organization to enter into an Agreement clearly identifying the responsibilities of each party for cooperatively carrying out such transportation planning; WHEREAS, the parties to this Interioeal Agreement desire to participate cooperatively in the performance, on a continuing basis, ora coordinated, comprehensive transportation planning process to assure that highway facilities, mass transit, rail systems, air transportation and other facilities will be properly located and developed in relation to the overall plan of community development; WHEREAS, 23 United States Code Section 134, as amended by the IntermodaI Surface Transportation Efficiency Act of 1991 and the Transportation Equity Act for the Twenty-first Century (Public Law 105-178, 112 Stat. 107), 49 United States Code 5303-5307, 23 Code of Federal Regulations 450.306, and Section 339.175, Florida Statutes, provide for the creation of Metropolitan Planning Organizations to develop transportation plans and programs for metropolitan areas; WHEREAS, pursuant to 23 United States Code 134(I>), 49 United States Code 5303, 23 Code of Federal Regulations 450.306(a), and Section 339.175, Florida Statutes, a determination has been made by the Governor and units of general purpose local government representing at least 75% of the affected population (including the central city or cities) in the metropolitan area to designate a Metropolitan Planning Organization; WHEREAS, pursuant to Section 339.175(3), Florida Statutes, by letter to Mr. Waiter Barnes, MPO Chairman, dated April 5, 2004, the Governor has agreed to the apportionment plan of the members of the proposed Indian P, Jver County Metropolitan Planning Organization as set forth in this Agreement; WHEREAS, pursuant to 23 Code of Federal Regulations 450.306(c), and Section 339.175(1)Co), Florida Statutes, an interlocal agreement must be entered into by the Department and the governmental entities designated by the Governor for membership on the MPO; WHEREAS, the interlocal agreement is required to create the Indian River County Metropolitan Planning Organization and delineate the provisions for operation of the MPO; WHEREAS, the undersigned parties have determined that this InterlocaI Agreement satisfies the~ FORM i25-010-01 POLICY PLANNING OGC - 07/03 requirements of and is consistent with Section 339.175(1)(b), Florida Statutes; W'I-IEREAS, pursuant to Section 339.175(1)(b), Florida Statutes, the interlocal agreement must be cons/stent with statutory requirements set forth in Section 163.01, Florida Statutes, relating to interlocal agreements; and WHEREAS, the undersigned parties have determined that this Interlocal Agreement is consistent with the requirements of Section 163.01, Florida Statutes. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representation herein, the parties desiring to be legally bound, do agree as follows: ARTICLE 1 RECITALS; DEFINITIONS Section 1.01. Recitals. Each and all of the foregoing recitals are hereby incorporated herein and acknowledged to be tree and correct to the best of the parties' knowledge. Failure of any of the foregoing recitals to be true and correct shall not operate to invalidate this Agreement. Section 1.02. Definitions. The following words when used in this Agreement (unless the context shall clearly indicate the contrary) shall have the following meanings: "Agreement" means and refers to this instrument, as amended from time to time. "Department" shall mean and refer to the Florida Department of Transportation, an agency of the State of Florida created pursuant to Section 20.23, Florida Statutes. "FHWA' means and refers to the Federal Highway Administration. "FTA" means and refers to the Federal Transit Administration. "Long-Range Transportation Plan" is the 20-year plan which: identifies transportation facilities; includes a financial plan that demonstrates how the plan can be implemented and assesses capital improvements necessary to preserve the existing mea'opolitan transportation system and make efficient use of existing transportation facilities, indicates proposed transportation enhancement activities; and in ozone/carbon monoxide nonattainment areas is coordinated with the State Implementation Plan, all as required by 23 USC Section 134(g), 23 CFR Section 450.322, Section 339.175(6), Florida Statutes. "Metropolitan Area" means and refers to the planning area as delineated by the MPO for the urbanized area containing at least a population of 50,000 as described in 23 U.S.C. 134(b)(1), 49 U.S.C. Section 5303(c)(1), and Section 339.175, Florida Statutes, which shall be subject to the Metropolitan Planning Organization' plavn~ng authority. "MPO" means and refers to the Metropolitan Planning Organization formed pursuant to this Agreement. "Transportation Improvement Program" (TIP) is the is the staged multi-year program of transportation improvement projects developed by a Metropolitan Planning Organization consistent with the Long-Range Transition Plan and developed pursuant to title 23 United States Code 134(h), 49 United States Code 5304, FORM 525-010-01 POLICY PLANNING . OGC - 07/03 23 Code of Federal Regulations 450.324 and Section 339.175, Florida Statutes. "Unified Planning Work Program" CUPWP) is the mmual program developed in cooperation with the Department and public transportation providers, that lists all planning tasks to be undertaken during a program year, together with a complete description thereof and an estimated budget, all as required by 23 CFR 450.314, and Section 339.175(8), Florida Statutes. ARTICLE 2 PURPOSE Section 2.01. General Purpose. The purpose of this Agreement is to establish the Indian River County Metropolitan Planning Organization: (a) To assist in the development of transportation systems embracing various modes of transportation in a manner that will maximize the mobility of people and goods within and through this metropolitan area of this state and minimize, to the maximum extent feasible for transportation-related fuel consumption and air pollution; (b) To develop transportation plans and programs, in cooperation with the Department, which plans and programs provide for the development of transportation facilities that will function as multi-modal and an intermodal transportation system for the metropolitan area; (c) To implement and ensure a continuing, cooperative, and comprehensive transportation planning process that results in coordinated plans and programs consistent with the comprehensively planned development of this affected metropolitan area in cooperation with the DeparUnent; (d) To assure eligibility for the receipt of Federal capital and operating assistance pursuant to 23 U.S.C. 34 and 49 U.S.C. 5303, 5304, 5305 and 5306; and (e) To carry out the metropolitan transportation planning process, in cooperation with the Department, as required by 23 U.S.C. 134 and 49 U.S.C. 5303, 5304, 5305 and 5306; 23 CFR 420 and 450, and 49 CFR Pan 613, Subpan A: and consistent with Chapter 339, Florida Statutes, and other applicable state and local laws. Section 2.02. Maior MPC Responsibilities. The MPC is intended to be a forum for cooperative decision making by officials of the governmental entities which are party to this Agreement in the development of transportation-related plans and programs, including but not limited to: (a) The Long-range Transportation Plan; Co) The Transportation Improvement Program; (c) The Unified Planning Work Program; (d) A congestion management system for the metropolitan area as required by state or federal law; (e) Assisting the Department in mapping transportation planning boundaries required by state or federal law; ~ FORM 525-010-01 POLICY PLANNING OGC - 07/03 (f) Assisting the Department in performing its duties relating to access management, functional classification of roads, and data collection; and (g) Performing such other tasks presently or hereafter required by state or federal law. Section 2.03. IvlPO decisions coordinated with FDOT and consistent with comprehensive plato. Chapter 334, Florida Statutes, grants the broad authority for the Department's role in transportation. Section 334.044, Florida Statutes, shows the legislative intent that the Department shall be responsible for coordinating the planning cfa safe, viable and balanced state transportation system serving all region} of the State. Section 3 39.155, Florida Statutes, requires the Department to develop a statewide transportation plan, which considers, to the maximum extent feasible, strategic regional policy plans, MPO plans, and approved local government comprehensive plans. Section 339.175, Florida Statutes, specifies the authority and responsibility of the MPO and the Department in the management of a continuing, cooperative, and comprehensive transportation plmming process for the metropolitan area. In fulfillment &this purpose and in the exercise of the various powers granted by Chapters 334 and 339, Florida Statutes, the DeparUnent and all parties to this Agreement acknowledge that the provisions of the Local Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3161-3215, Florida Statutes, are applicable to this Agreement. The parties to tkis Agreement shall take particular care that the planning processes and planrfing integrity of local governments as set forth in aforementioned law shall not be infringed upon. ARTICLE 3 MPO ORGANIZATION AND CREATION Section 3.01. Establishment of MPO. The MPO for the metropolitan area as described in the membership apportionment plan approved by the Governor is hereby created and established pursuant to the Agreement to carry out the purposes and functions set forth in Articles 2 and 5.. The legal name of this Metropolitan Planning Organization shall be the Indian River County Metropolitan Pltmning Organization. Section 3.02. MPO to operate pursuant to law. hi the event that any election, referendum, approval, permit, notice, other proceeding or authorization is required under applicable law to undertake any poWer, duty, or responsibility hereunder, or to observe, assume, or carry om any of the provisions of this Agreement, the MPO will, to the extent of its legal capacity, comply with ail applicable laws and requiremems. Section 3.03. Governing board to act as policy-making body oflv~O. The governing board established pursuant to Section 4.01 of this Agreement shall be the policy-making body forum of the MPO responsible for cooperative decision-making of actions taken by the MPO. The governing board is the policy- making body that is the forum for cooperative decision-making and will be taking the required approval action as the MPO. Section 3.04. Submission of proceedings; Contracts and other documents. Subject to the right to claim an exemption from the Florida Public Records Law, Chapter 119, Florida Statutes, the parties shall submit to each Other such data, reports, records, contracts, and other documents relating to its performance as a metropolitan planning organization as is requested. Charges are to be in accordance with Chapter 119, Florida ~ Section 3.05. Rights of review. All parties to this Agreement, and the affected Federal funding agency (i;e., FHWA, FTA, and FAA) shall have the rights of technical review' and comment of M~O projects. FORM 525-010-0I POLICY PLANNING OGC - 07/03 ARTICLE 4 COMPOSITION; MEMBERSHIP; TERMS OF OFFICE Section 4.01. Composition and membership of governin[ board. (a) The membemh/p of the MPO shall consist of twelve (12) voting representatives and two (2) non-voting representatives. The names of the member local governmental entities and the voting apportionment of the governing board as approved by the Governor shall be as follows: Indian River County Board oi County Commissioners (5) City of Vero Beach (2) City of Sebastian (2) City of Fellsmere (I) Town of Indian River Shores (1) Indian River County School D/strict (1) Town of Orchid (1 nonvoting) Florida Department of Transportation (1 nonvoting) (b) All voting representatives shall be elected officials of general purpose local governments, except to the extent that the MPO includes, as part of its apportioned voting membership, a member of a statutorily authorized planning board or an official of an agency that operates or administers a major mode of transportation. All individuals acting as a representative of the governing board of the county, the city, or authority shall first be selected by said governing board. (c) In no event shall the county commission representatives constitute less than one-th/rd of the total number of representatives on the MPO. (d) In the event that a governmental entity that is a member of the MPO fa/Is to fill an assigned appointment to the MPO within sixty days after notification by the Governor of its duty to appoint a representative, that appointment shall be made by the Governor from the eligible individuals of that governmental entity. Section 4.02. Terms. The term of office of members of the MPO shall be four years. The membership of a member who is a public official automatically terminates upon said official leaving the elective or appointive office for any reason, or may be terminated by a majority vote of the total membership of the governmental entity represented by the member. A vacancy shall be filled by the original appointing entity. A member may be appointed for one or more additional four year terms. ARTICLE 5 AUTHORITIES, POWERS, DUTIES AND RESPONSIBILITIES Section 5.01. General authority. The Iv[PO shall have all authorities, powers and duties, enjoy ali rights, privileges, and immunities, exercise all responsibilities and perform all obligations necessary or appropriate to managing a contInuing, cooperative, and comprehensive transportation planning process as~ specified in Section 339.175(4) and (5), Florida Statutes. Section 5.02. Specific authority and powers. The MPO shall have the following powers authority: FORM 525-010-01 POLICY PLANNING OGC - 07/03 (a) As provided in Section 339.175(5)(g), Florida Statutes, the MPO may employ personnel and/or may enter into contracts with local or state agencies and private planning or engineering firms to utilize the staff resources ofloeaI and/or state agencies; (b) As provided in Section 163.01(14), Florida Statutes, the MPO may emer into contracts for the performance of service functions of public agencies; (e) As provided ia Section 163.01(5)0), Florida Statutes, the MPO may acquire, own, operate, maintain, sell, or lease ma[ and personal property; (d) As provided in Section 163.01(5)(m), Florida Statutes, the MPO may accept funds, grants, assistance, gifts or bequests from local, State, and Federal resources; (e) The MPO may promulgate rules to effectuate its powers, responsibilities, and obligations enumerated herein; provided, that said roles do not supersede or conflict with applicable local and state taws, roles and regulations; and] (f) The MPO shall have such powers and authority as specifically provided in Sections 163.01 and 339.175, Florida Statutes, and as may otherwise be provided by federal or state law. Section 5.03. Duties and responsibilities. The MPO shall have the following duties and responsibilities: (a) As provided in Section 339.175(5)(d), Florida Statutes, the MPO shall create and appoint a technical advisory committee; Co) As provided in Section 339.175(5)(e), Florida Statutes, the MPO shall create and appoint a citizens' advisory committee; (c) As provided in Section 163.01(5)(o), Florida .Statutes, the MPO membership shall be jointly and severally liable for liabilities, and the MPO may respond to such liabilities thxough the purchase of insurance or bonds, the retention of legal counsel, and, as appropriate, the approval of settlemems of claims by its governing board; (d) As provided in Section 339.175(8), Florida Statutes, the IvlPO shall establish a budget which shall operate on a fiscal year basis consistent with any requirements of the Unified Plamaing Work Program; (e) The M~O, in cooperation with the Departmem, shall carry out the melxopolhan transportation planning process as required by 23 CFR Parts 420 and 450, and 49 CFR Part 613, Subpart A, and consistent with Chapter 339, Florida Statutes, and other applicable state and local laws; (f) As provided in Section 339.175(9)(a), Florida Statutes, the MPO shall enter into agreements with the Department, operators ofpubtic transportation systems and the metropolitan and regional intergovernmental coord/nation and review agencies serving the metropolitan area. These agreements will prescribe th6 cooperative manner in which the transportation planning process will be coordinated and included in~rehensively planned development of the area; (g) Prepare the Long-Range Transportation Plan; FORM 525-010-01 POLICY PLANNING OGC - 07/03 (h) In cooperation with the Department, prepare the Transportation Improvement Program; (i) In cooperation with the Department, prepare and annually update the Urfified Planning Work Program; (j) Prepare a congestion management system for the metropolkan area; (k) Assist the Department in mapping transportation planning boundaries required by state or federal law; (i) Assist the Department in performing its duties relating to access management, functional classification of roads, and data collection; (m) Perform such other tasks presently or hereafter required by state or federal law; (n) Execute certifications and agreements necessary to comply with state or federal law; and (o) Adopt operating rules and procedures. ARTICLE 6 FUNDING; INVENTORY REPORT; RECORD-KEEPING Section 6.01. Funding. The Department shall allocate to the MPO for its performance of its transportation planning and programming duties, an appropriate amount of federal transportation planning funds. Section 6.02. Inventory report. The MPO agrees to inventory, to maintain records of and to insure proper use, control, and disposal of all nonexpendable tangible property acquired pursuant to funding under this Agreement. This shall be done in accordance with the requirements of 23 CFR Part 420, Subpart A, 49 CFR Part 18, Subpart C, and all other applicable federal regulations. Section 6,03. Record-keeping and document retention. The Department and the MPO shall prepare and retain ali records in accordance with the federal and state requirements, including but not limited to 23 CFR Part 420, Subpart A, 49 CFR Part 18, Subpart C, 49 CFR 18.42, and Chapter 119, Florida Statutes. ARTICLE 7 MISCELLANEOUS PROVISIONS Section 7.01. Constitutional or statutory duties and responsibilities of parties. This Agreement shall not be construed to authorize the delegation of the constitutional or statutory duties of any of the parties. In addition, this Agreement does not relieve any of the parties of an obligation or responsibility imposed upon them by law, except to the extent of actual and timely performance thereof by one or more of the parties to this Agreement or any legal or administrative entity created or authorized by this Agreement, in which case this performance may be offered in satisfaction of the obligation or responsibility. Section 7.02. Amendment of Am'cement. Amendments or modifications of this Agreen)c-~'t ~-'~, -, may only be made by written agreement signed by all parties here to with the same formalities as the origir~l. Agreement. No amendment may alter the apportionment or jurisdictional boundaries of the MPO without FORM 525-010-01 POLICY PLANNING OGC -~ 07/03 approval by the Governor. Section 7.03. Duration; withdrawal procedure. (a) Duration. Tlfis Agreement shall remain in effect until term/hated by the parties to this Agreement; provided, however, that by no later than July 1, 2009 and at least every- five years thereafter, the Governor shall exam/ne the composition of the MPO membership and reappo~/on it as necessary to comply with Section 339.175, Florida Statutes, as appropriate. During examination of the MPO apportiomnent every' five years by the Governor, this Agreement shall be reviewed by the MPO and the Department to confirm the validity of the contents and to recommend amendments, if any, that are required. (b) Withdrawal procedure. Any party, except Indian River County and the United States Bureau of the Census designated center city(ies), may withdraw from this Agreement after presenting in written form a notice of intent to withdraw to the other parties to this Agreement and the Iv[PO, at least 90 days prior to the intended date of withdrawal. Upon receipt of the intended notice of withdrawal: (I) The withdrawing member and the MPO shall execute a memorandum reflecting the withdrawal of the member and alteration of the list of member governments that are signatories to this Agreement. The memorandum shall be filed in the Office of the Clerk of the Circuit Court of each county in which a party hereto is located; and (2) The Office of the Governor shall be contacted, and the Governor, with the agreement of the remaining members of the MPO, shall determine whether any reapportionment of the membership shall be appropriate. The Governor and the M~O shall review the previous MPO designation, applieable Florida and local law,' and MPO rules for appropriate revision. In the event that another entity is to accorded membership in th~ place o,fthe member withdrawing from the MPO, the parties acknowledge that pursuant to 23 CFR 450.3060c), adding membership to the MPO does not automatically require redesignation of the MPO. In the event that a party who is not a signatory to this Agreement is accorded membership on the MPO, membership shall not become effective until this Agreement is amended to reflect that the new member has joined the MPO. Section 7.04. Notices. All notices, demands and correspondence required or provided for ;Under this Agreement shall be in writing and delivered in person or dispatched by certified mail, postage prepaid, return receipt requested. Notice required to be given shall be addressed as follows: Indian River County Board of County Commissioners 1840 25th Street Vero Beach, FL 32960-3365 City of Veto Beach 1053 20th Place Vero Beach, FL 32960 City of Sebastian 1225 Main Slreet Sebastian, FL 32958 City of Fellsmere 21 South Cypress Street Fellsmere, FL 32948 FORM 525~010-01 POLICY PLANNING OGC - (]7/03 Town of Indian River Shores 6001 North SR A1A Indian River Shores, FL 32963 Indian River County School District 1990 25~ Street Vero Beach, FL 32960 Town of Orchid 9955 North SR A1A Orchid, FL 32963 Florida Department of Transportation 3400 West Commercial Blvd. Ft. Landerdale, FL 33309-342I A party may unilaterally change its address or addressee by giving notice in writing to the other parties as provided in this section. Thereafter, notices, demands and other pertinent correspondence shall be addressed .and transmitted to the new address. Section 7.05. Interpretation. (a) Drafters of A~reement. The Department and the members of the MPO were each represented by or afforded the oppommity for representation by legal counsel and participated in the drafting of this Agreement and in choice of wording. Consequently, no provision hereof should be more strongly construed against any party as drafter of this Agreement. (b) Severability. Invalidation of any one of the provisions of this Agreement or any part, clause or word hereof, or the application thereof in specific circumstances, by judgement~ court order, or administrative hearing or order shall not affect any other provisions or applicatiOnS in other circumstances, all of which shall remain in full force and effect; provided, that such remainder would then continue to conform to the terms and requh'ements of applicable law. (e) Rules of construction. In interpreting this Agreement, the following rules of construction shall apply unless the context indicates otherwise: (I) The singular of any word or term includes the plural; (2) The masculine gender includes the feminine gender; and (3) The word "shall" is mandatory, and "may" is permissive. Section 7.06. Enforcement by parties hereto. In the event of any judicial or administrative action to enforce or interpret this Agreement by any party hereto, each party shall bear its own attorney's fees in connection with such proceeding. Section 7.07. Agreement execution: Use of counterpart si[mature pares. This Agreement, and any amendments hereto, may be simultaneously executed in several counterparts, eac~ of which so executed shalI be deemed to be an origqnal~ and such counterparts together shall constitute~ FORM 525-010-01 POLICY PLANNING OGC - 07/03 one and the same instrument. Section 7.08. Effective date; Cost of recordation. (a) Effective date. This Agreement shall become effective upon its filing in the Office of the Clerk of the Circuit Court of each county in which a party hereto is located. Any amendment hereto shall become effective only upon its filing in the Office of the Clerk of the Circuit Court for each county in which a party hereto is located. (b) Recordation. The Department hereby agrees to pay for any costs of recordation or filing of this Agreement in the Office of the Circuit Court for each county in wkich a party is hereto located. The recorded or filed original hereof, or any amendment, shall be returned to the MPO for filing in its records. IN WITNESS WHEREOF, the undersigned parties have executed this imterlocal Agreement on behalf of the referenced legal entities and hereby establish the above designated MPO. Signed, Sealed and Delivered in the presence of: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Attest: Chairman Clerk CITY OF VERO BEACH By: Attest: Mayor City Clerk CITY OF SEBASTIAN By: Attest: Mayor City Clerk CITY OF FELLSMERE lay: Attest: Mayor City Clerk TOWN OF INDIAN RIVER SHORES By:, Attest: Mayor Town Clerk FORM 525-010-01 POLICY PLANNING OGC - 07/03 FORM 525-010-01 POLICY PLANNING OGC - 07/03 TOWN OF ORCHID By: Attest: Mayor Town Clerk SCHOOL DISTRICT OF INDIAN RIVER COUNTY By: Attest: Chairman Clerk FLORIDA DEPARTMENT OF TRANSPORTATION By: Attest: District Secretary Clerk City of Sebastian, Florida Subject: Final Plat for Sandridge Estates Phase Two Subdivision. Agenda No. G/~', t ~ 7 Department Origin: .Growth Manag~l Purchasing/Contracting: ~ V Finance Director: City Attorney:. City Clerk: Date Submitted: July 06, 2004 For Agenda of: July 14, 2004 Exhibits: Final Plat, Resolution R-04-28, Application EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUlvRvlARY Mr. John King has filed for final plat approval for Sandridge Estates Subdivision Phase II. Said subdivision is located on the northwest comer of South Easy Street and Schumarm Drive, and eventually will contain 36 individual townhouses, together with associated parking, water and sewer service, drainage, and landscaping. Access to each unit will be accomplished via driveway connections to South Easy Street. Proposed water service will be accomplished via connection to an existing Indian River County Utilities water main, and wastewater service will be provided by connection to the existing Indian River County Utilities sewer system. Stormwater runoff for the proposed development will be routed to an on-site retention area. Additionally, all engineering, and surveying details, in reference to subdivision plats, have been satisfied in accordance with Florida Statutes. RECOMMENDED ACTION Move to approve the Sandridge Estates Final Plat. RESOLUTION NO. R-04-28 A RESOLUTION OF THE CITY O1' SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDMSION KNOWN AS SANDRIDGE ESTATES PHASE TWO; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Sandridge, Inc. has filed an application for approval of a final plat for a subdivision known as Sandridge Estates Phase Two; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY O1' SEBASTIAN, as follows: Section 1. FINAL PLAT APPROVAL. The City Council of the City of Sebastian does hereby approve the final plat for Sandridge Estates Phase Two as prepared by James A. Fowler dated June 15, 2004, date revised July 5, 2004. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. upon its adoption. This resolution shall take effect immediately The foregoing Resolution was moved for adoption The motion was seconded by Councilmember upon being put into a vote, the vote was as follows: by Councilmember and, Mayor Nathan McCollum Vice Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Michael Hepinstall Councilmember Lisanne Monier The Mayor thereupon declared this Resolution duly passed and adopted this 14th day of July, 2004. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Mayor Nathan McCollum Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by City of Sebastian only: Rich Stringer, City Attorney Permit Application No. City of Sebastian Development Order Application Applicant (if not owner, written authorization (notarized) from owner is required) Name: ~..~ v%~ v. ,. c~d ~ , Ivac_.' Address: Phone Numben (7 7 ~ F~ Number: ( : E-Maik Owner (If different from applicant) Name; Address: Phone Number: ( ) FAX Number: ( ) E-Mail: Title of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A3-FACHED AND 8-1/2" BY 1 1" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): ~/~Jl~ ~ I ~ t::;"'~-'-~rTl=:"~: L,~.f,J t'T' -~ B. Site Information Address: · ~. ~ ~$"1 Lot: Block: Unit: Subdivision: Indian River County Parcel #: If-,,~l-,57- ¢ooo/.t- OOOO- O¢odg'. ¢ T~,",. 13. ¢ Zoning Classification: ~ L. Future Land Use: ~_. L Existing Use: Proposed Use: C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): DATE RECEIVED: ~'"/.L~./ FEE PAID: RECE1VED~ Permit Application No. D. Project Personnel: Agent: Name: Address Ph°ne Number: ('77¢ -,.~-~'- ~C:~._~ FAXNumber: 7'7~- ,.~c~- 7,.5--,~-7 E-Maid: Attorney: Nome: L,O ¢,¢.-¢-.--£ ~ Dr Address Phone Number: ( ) ~",~'~ J ~ I ~ FAX Number: E.Mail: En~lineer: Address Phone Number: ('7 72--)' ~"~ ~ - 49 O ~,~.~- FAX Number: E-Maih ~ Surveyor: Name: Address Phone Number: ( ~._~ ~..- ~'~'7 ~'~ FAX Number: ( ) E-Mail: NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION No./ExPIRATION SEAL: l, , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: ' I AM THE OWNER AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MA'~'ER OF THIS APPLICATION, AND THAT AL~. THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE AccuRATE AND~RUE~y BEST OF MY KNOWLEDGE AND BELIEF. SIGClA~ RE --~/ DATE SwoR. TO AND B SSORISBD BEPORE ME BY WHO l~ P~R~ONALLY KNOWN TO ME OR PRODUCED ()Geraldine Franc~ Kubes "~~. r~.~ My Commission DD15583~ ~ October 2~, 200e Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, U~THE OWNER(S) / THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE BACH AND EVERY MEMBER OF THE ~*"~w CO~.~ 4' I BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND ~IEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. IJWE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/~VE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CiTY OF SEBASTIAN. SIG}4~TURE J DArE Sworn to and subscribed before me by who is personally known to me or produced - as idenf~ificatl~)n, this ' da~"of ,20 Printed Name of Notary 'ff Commission No./Expiration Seal: .~ ~?., Gerald~e Frances Kubes '~.¢~' Ex.res October 26, 2006 MUNICIPAL AIRPORT City of Sebastian, Florida Subject: Assignment and Amendment to Non-Aviation Lease Agreement with Mr. Steve Philipson at Sebastian Municipal Airport T~roved for~bmittal by: er~/~~~!anager Agenda No. OL{. 036 Department: Department Head: Purchasing/Contracting: Finance Director: City Attorney: City Clerk: _Date Submitted: 6/29/2004 For Agenda of: 7/14/2004 Exhibits: (5) - Assignment and Amendment to Airport Non-Aviation Lease; Letters (2) from Steve Philipson; Sketch; Legal Description EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $ n/a $ n/a REQUIRED: $ n/a In January of 2004, Council approved a non-aviation lease agreement with Mr. Steve Philipson to construct a warehouse and outside storage facility along the newly constructed Airport Drive West extension. In this lease, Council authorized an agreement of three (3) acres of property and an option on five (5) acres. After further examination of the possible layout of his facilities on the property, Mr. Philipson has determined that he would like to add an additional 5.545 acres to his lease. This would equal 13.545 acres of leased property, while still keeping his five (5) acre option. This additional leased property will yield a $24,154 increase in airport revenues. In addition to the additional acreage, Mr. Philipson has also requested to have his lease assigned fi:om his personal capacity to his newly formed corporation, "Sebastian Airport Storage, LLC." As stated in the attached letter and proposed assignment, he would still be personally guaranteeing the lease. This proposal has been reviewed and found to be acceptable by both airport staff and the City Attorney. ~ Airport staff and Mr. Philipson will be available during your July 14, 2004 regularly scheduled meeting to answer any questions you may have. RECOMMENDATION Move to approve Assignment and Amendment to Airport Non-Aviation Airport Lease agreement between the City of Sebastian and Mr. Steve Philipson dated January 30, 2004. ASSIGNMENT AND AMENDMENT OF AIRPORT NON-AVIATION LEASE AGREEMENT THIS ASSIG~ AND AMENDMENT of that certain ,4IRPOt~T NON-AVL4270N LE~SE AGREEiv~NT by and between the CITY OF SEBASTIAN and Steven Philipson, dated January 30, 2004, (hereinafter called the "Lease") provides as follows: WITNESSETH: WHEREAS, the Landlord is the owner of certain property located in the County of Indian River, Florida; and WI-1]EREAS, the Landlord agreed to lease such property to the Tenant under a Lease dated January 30, 2004; and WI-IEREAS, Tenam wishes to assign said Lease to a related entity and add to the area governed thereby; and WHEREAS, Landlord is agreeable to said changes; NOW, TI-IEKEFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the patties have agreed as follows: 1. Landlord hereby consents to assignment of the Lease to Sebastian Airport Storage, LLC. 2. Tenant remains personally obligated under the terms of said Lease and, by their signatures below, Sandra Groh and Lois Philipson join as additional personal guarantors of the Tenant obligations thereunder. 3. The area of land leased to said Tenants is hereby amended to include all the land located within the boundaries of Roseland Road and the loop of Central Airport Drive and Airport Drive West as shown by the attached sketch and legal description, and rent thereupon shall be calculated based upon the total square footage of said amended parcel. IN WITNESS WHEREOF, the parties hereto have set their hands and seals tiffs day of July, 2004. CITY OF SEBASTIAN ATTEST: A Municipal Corporation Sally A. Maio, CMC City Clerk By: Terrence K. Moore, City Manager Approved as to Form and Legality for Reliance by the City of Sebastian only: Rich Stringer, City Attorney Sebastian Airport Storage, LLC By: Its: Lois Philipson, individually Sandra Grol~ individually Steven Philipson, individually 2 i A PORTION OF SECTION 28 AND 29, FLEMING GRANT, rNDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a concrete monument found at the westerly comer of said Section 29; thence N.45°22'53"E along the northerly line of said Section 29, a distance of 680.60 feet to the centerline of Roseland Road; thence S.04°47'02"E along the said centerline of Roseland Road, a distance of 526.67 feet to an intersection with the centerline of Central Airport Drive; thence S.87°08'56"E along said centerline of Central Airport Drive, a distance of 53.47 feet to an intersection with the northerly extension of the easterly right of way of said Roseland Road; thence S.04°47'02"E along said northerly extension a distance of 50.45 feet to an intersection with the southerly right of way line of said Central Airport Drive and the POINT OF BEGINNING; thence S.87°08'56"E along said southerly right of way line, a distance of 489.33 feet to an intersection with the westerly right of way line of Airport West Drive; thence S.00°09'14"E along said westerly right of way line of A/rport West Drive, a distance of 1,486.26 feet to an intersection with the northerly right of way line of said Airport West Drive; thence N.81°l 1'44"W along said Airport West Drive, a distance of 375.53 feet to an intersection with the said easterly right of way line of Roseland Road; thence N.04°47'02"W along said easterly right of way line, a distance of 1,458.20 feet to the POINT OF BEGINNING. Containing 14.4460 acres, more or less. said lands lying and being in Indian River County, Florida. Steve Phil/p~on Ow'aer/Dorelopa- 415 ~vc O~ve V~o B~ac~ Fl~da ~2963 H~ (772) ~89-5869 Cell (772) 69~5585 Jason Milewsld City of $ ebastim 12225 Main Street Leasing additional ?mp¢~ from r. he Cit'3, D~ar Mr. MiI~wski: David Tayloz, PL$ Prcaidenl o£Tayka- &trveying, completed the survey of thc airport property botmdariett by Ras~lat~ Road, Airport Drive West and Cont~al Airport Drive. My ctm'e~t le.o~ ~th the City of Seb~tian is Mr ~ aore~ vd.~ an optian for a~ a~tionai five After working with Joa~h Schulk¢, ofth~ engineering fm:n of Schnll~, Birtte aud Stocklard, I_LC on ~itc plan, Iwi~h to r~qt~st th~ le. asing of an addifionad 5.545 a~res fi'ona the Ci~ of Sebastian for a toufl of 13.545 a~res. This ~queat docs not in~rea~e the 5 a~-r~s I hav~ b~em granted a~ an option. A~ in the past, thm~k yea for yotn' cooperation in making sure thia project is su:cc~a£ul for all invotwcL St~van Pkilipsota 5t¢~en Philipson Owncr,.qJev¢lopcr Live 0~: Ddve Veto Beach, FL 32963 P,.ich Stringer, Esquire Ci~ Attorney City of Sebast'i~ 1225 Main Street Sebasfia:n, FL 32958 Re: Tran~fcnSng Lease from ia~'vidual to LLC Dear Mr. Stringer: I have previously ~,utered into a le~e with the City of Sebastian m l~a~e prope2t'y' at the Sebastian Ahloorc. It is my understanding that the city would be agreeable to my tranferr~g the lease to a Ltrmted Ltamary Corporate. on which would be owned 33.3 % by my wife Lol~ Phihpson, 33.3 % by myself & 33.3% by Saudra Groth. We each individually would m.matin responsible an lease t~ the same ~xtent as I am pres~'ntly, This would simply facilitate the operation of the b~siness as a legal entity, rather thaJ~ crn an La~v~&~al basis. The n~m~ of the new corperation ~xmuld be Sebestian Ah-port Storage. With your a~eea~wm, Attorney Chester Clem wiU proceed with the creation of the I.LC!:, : cc. Jason Milewski HOA~ O~ PF~LICAIq ~ CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approval of Work Authorization # 1 for Architectural Services for Conceptual Site Plan for Rivervi~ev~..Park .West : C~ty Manager Te"'fr~nce R/~re' -- Agenda No. Department P.urch asing/Contrac~n,g.~,~. ~nance Director: CiW A~omey: CiW Clerk: Date Submitted: June 29, 2004 For Agenda of: July 14, 2004 Exhibits: Work Authorization # 1 and Proposal from Donadio & Associates, Architects, P.A. AMOUNT BUDGETED: EXPENDITURE REQUIRED: 337,000.00 $9,000.00 Project # C2217 APPROPRIATION REQUIRED: None SUMMARY Council recently approved using the services Donadio & Associates, Architects, P.A. for different Capital Improvement Projects the City has planned. Staff has met with representatives f~om Donadio & Associates to discuss design and amenities required for these projects. Riverview Park West will include a splash pad, restrooms, site lighting, landscaping, parking and pedestrian circulation. Donadio and Associates will include all this in their conceptual site plan for Riverview Park West. The total cost for this is $9,000.00 and staff has budgeted $337,000.00 for this project. This price includes presentations to The City Council, Planning and Zoning Board and the Recreation Advisory Board. RECOMMENDED ACTION Move to approve Work Authorization #1 for Donadio & Associates, Architects, P.A. to design a conceptual site plan for Riverview Park West for $9,000.00. CITY OF SEBASTIAN~ FLORIDA WORK AUTHORIZATION FORM WorkAuthorizatlon No: gl Project Identification: Architectural Services for Riverview Park West IT IS AGREED to undertake the following work in accordance with the provisions of our Master Agreement entitled PROFESSIONAL SERVICES AGREEMENT dated IUNE 14, 2004: Description of Assignment: SEE ATTACHED EXHIBIT 'A' entitled Architectural Services Proposal Basis of Compensation/Period of Services: Basis of compensation will be a lump sum amount of $8,500.00, as provided for in the Master Agreement, along with a maximum not to exceed amount of $500.00 for reimbursables. Period of Services, work will commence upon execation of this Work Authorization by the parties, and compledon of the work will take place no later than sixty (60) consecutive calendar days henceforth. AGREED as to scope of services, time schedule, & budget this 6~ day of July, 2004: CITY OF SEBASTIAN, A Florida municipal corporation By: Terrenee Moore, City Manager (Seal) Pre'dent Attest: Sally A, Maio, CMC, City Clerk Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer, City Attorney Staff Approvals: Public Works City Engineer Finance Director 1 Services Administrator DONADIO & Associates, Architects, P.A. EXHIBIT "A" ARCHITECTURAL SERVICES PROPOSAL RIVERVIEW PARK WEST CONCEPTUAL MASTER SITE PLAN STUDY ARCHITECTS PROJECT NO. 4051.1.2 JUNE 28, 2004 Proposal for Architectural Services for a Conceptual Master Site Plan Study of Riverview Park West, located on approximately 6 acres situated along the Indian River and West of Indian River Drive in Sebastian, Florida~ The following Architectural Services will be provided: Develop a Master Site Plan indicating Building locations, Parking, Pedestrian Circulation, Vehicular Circulation, Playground Equipment, Site Lighting and Electric, Landscape Features, Water Feature, Restrooms and any required On-Site Drainage requirements. Also included within this conceptual site plan study is site lighting for the existing Riverview Park West. 2. Preliminary Meetings with City of Sebastian City Council, Planning and Zoning, Public Works and Recreation Departments. 3. Provide a detailed cost estimate for the West side of the Conceptual Master Site Plan Study. The Fee for Architectural Services shall be a lump sum Fee of $8,500.00 (Eight Thousand Five Hundred Dollars.) 609 17~ Street Veto Beach, Florida 32960 Phone 772 794 2929 Fax 772 562 8600 Email daa~tonadio-arch.com License No. AA0002238 Riverview Park West June 28, 2004 Page 2 SCOPE OF SERVICES This proposal is based upon the provision of the following Scope of Services: I. CONCEPTUAL DESIGN PHASE The Architect shall assist the Owner in establishing the conceptual program and ascertain the requirements of the project and shall arrive at a mutual understanding of such requirements with the Owner. Based on the understanding the Architect shall prepare a Conceptual Master Site Plan with Conceptual Renderings and Cost Estimate. H. FEE PAYMENT SCHEDULE A. The fee is based upon our understanding of the staled goals and upon completion of services described above. Bo Reimbursable expenses are in addition to compensation for Basic Services and include expenses incurred by the Architect, in the interest of the project. Such expenses include, but are not necessarily limited to the cost of reproduction, postage, long-distance communication, mileage and facsimiles. Such reimbursable expenses will be billed at actual cost as stated in the Master Agreement dated June 14, 2004. Actual cost shall not exceed $500.00. C. Progress billings will be made monthly as provided for in the Master Agreement or upon completion of the work. Should the scope of the project change substantially; the fee will be altered accordingly, as provided for in the Master Agreement. Such work will be billed at the hourly rates specified below, for the time involved. No additional work will be initiated without Owner formal authorization. E. Donadio & Associates, Architects, P~A. Standard Hourly Billing Rates as stated in the Master Agreement are as follows: Principal $150.00 Senior Project Manager $125.00 Project Manager $100.00 CAD Technician I $ 90.00 Architectural Designer I $ 90.00 CAD Technician II $ 85.00 CAD Technician 11I $ 75.00 Graduate Architect I $ 65.00 Technical I $ 55.00 DONADIO & Associates, 3a'ehitects, P.A. Riverview Park West June 28, 2004 Page 3 If the project is abandoned or terminated before completion, owner will be invoiced for the services performed, together with the reimbursable expenses incurred, as provided for in the Master Agreement. Should any questions arise regarding an invoice or any portion there of, this officeshould be contacted immediately. Payment for the amount in question may be withheld. However, timely payment of the balance is required. H. Payment for services performed is in no way based upon the receipt of regulatory approvals or project financing. This Proposal is valid for 30 days from the date shown hereon and represents the entire understanding between Parties with respect to the referenced Project and may only be modified in writing. VII. GENERAL A. Models are not part of*he Basic Services. Site Surveying, Civil Engineering for paving, grading & utility distribution, Off-Site Civil Engineering, Geotectmical Reports, Environmental Surveys, Re-Zoning and Application Fees for Agency approvals are not part of the Basic Services. Conceptual drawings are based upon available information such as: aerials and plat maps, which are non-certified survey documents. Certified surveys will be required for the next phase of the park development plans. Work will commence upon receipt of a signed work authorization and will be completed within sixty (60) consecutive calendar days. Schedule of work is as follows: · 50% Conceptual Plans - 3 weeks · Owner's Review - 1 week · Changes and/or Modifications - 1 week · 100% Conceptual Plans - 3 weeks Total 8 weeks DONADIO & Associates, Pa'chitects, P.A. Riverview Park West June 28, 2004 Page 4 This Proposal letter outlines our Conceptual Master Site Plan Study Design Services for Riverview Park West. Thank you for this opportunity to work with you on this very exciting project. AJD/ts DONADIO & Associates, Architects, P.A. CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approval of Work Authorization ~' 2 for Architectural Services for Conceptual Site Plan for Riverview Park East Approved for Submittal by: City Manager Terrence R. Moore Agenda No. _ Department Origin: Put chasin.g/Conl~-ac~'~.~ F~ance Director: Ci~ A~orney: Ci~ Clerk:. ' Date Submitted: June 29, 2004 For Agenda of: July 14, 2004 Exhibits: Work Authorization # 2 and Proposal from Donadio & Associates, Architects, EXPENDITURE RE QUI1RED: $7,000.00 Project~ C4304 AMOUNT BUDGETED: $200,000.00 ~'~'OROPRIAT/ON REQUIRED: None SUMMARY Council recently approved using the services Donadio &~ASsociates' Architects, P.A. for different Capital Improvement Projects the City has planned. Staff has met with representatives fi'om Donad/o & Associates to discuss design and amenities required for these projects. Riverview Park East will hiclude a band shell, landscaping, observation deck and electrical requirements. Donadio and Associates will include all this in their conceptual site plan for Riverview Park East. The total cost for this is $7,000.00 and staffhas budgeted $200,000.00 for this project. This price includes presentations to and the Recreation Advisory Board. The City Council, Planning and Zoning Board RECOMN[ENDED ACTION Move to approve Work Authorization # 2 for D~nadio & Associates, Architects, P.A. to design conceptual site plan for Riverview Park East for $7,000.00. CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM Work Authorization No: ~2 Project Identification: Architectural Services for Riverview Park Fast IT IS AGREED to undertake thc following work in accordance with the provisions of our Master Agreement entitled PROFESSIONAL SERVICES AGREEMENT dated JUNE 14, 2004: Description of Assignment: SEE ATTACHED EXHIBIT 'A' entitled ArchJteetural Services Proposal Basis of Compensation/Period of Services: Basis of compensation will be a lump sum amount of $6,500.00, as provided for in the Master Agreement, along with a maximum not to exceed amount of $500.00 for reimbursables. Period of Services, work will commence upon execution of this Work Authorization by the parties, and completion of the work will take place no later then sixty (60) consecutive calendar days henceforth. AGREED ns to scope of services, time schedule, & budget this 6t~ day of July, 2004: CITY OF SEBASTIAN, A Florida municipal corporation By: Terrenee Moore, City Manager (Sea~) DONADIO & ASSOCIATES, ARCHITECTS, P.A. ArC, fy J. Donadio, AIA, NCARB P~ident Attest: Sally A. Maio, CMC, City Clerk Approved as to Form and Content for Reliance by the City of Sebastian Only: Pdch Su'inger, City Attorney Staff Approvals: ~ City Engineer , ~nn~; SE;rrvieC~; Administrator ~~.~s~"~ & ~en~ct ~tuiu~stration DONADIO & Associates, Architects, P.A. EXH~IT "A, ARCHITECTURAL SERVICES PROPOSAL RIVERVIEW PARK EAST CONCEPTUAL MASTER SITE PLAN STUDY ARCHITECTS PROJECT NO. 4044.1.2 JUNE 28, 2004 Proposal for Architectural Services for a Conceptual Master Site Plan Study of Riverview Park East, located on approximately 2.5 acres situated along the Indian River and East of Indian River Drive in Sebastian, Florida. The following Architectural Services will be provided: 1. Develop a Master Site Plan indicating Building locations, Pedestrian Circulation, Vehicular Circulation, Playground Equipment, Site Lighting and Electric, Landscape Features, Band Shell and any required On-Site Drainage requirements. Restrooms are not part of Riverview Park East. 2. Preliminary Meetings with City of Sebastian City Council, Planning and Zoning, Public Works and Recreation Departments. 3. Provide a detailed cost estimate for the East side of the Conceptual Master Site Plan Study. The Fee for Architectural Services shall be a lump sum Fee of $6,$00.00 (Six Thousand Five Hundred Dollars.) 609 17~ S~reet Veto BeaclL Florida 32960 Phone 772 794 2929 Fax 772 562 8600 Email daa(~lonadio-arch.com License No. AA0002238 Riverview Park East June 28, 2004 Page 2 SCOPE OF SERVICES This proposal is based upon the provision of the following Scope of Services: I. CONCEPTUAL DESIGN PHASE The Architect shall assist the Owner in establishing the conceptual program and ascertain the requirements of the project and shall arrive at a mutual understanding of such requirements with the Owner. Based on the understanding the Amhitect shall prepare a Conceptual Master Site Plan with Conceptual Renderings and Cost Estimate. IL FEE PAYMENT SCHEDULE A. The fee is based upon our understanding of the stated goals and upon completion of services described above. Reimbursable expenses are in addition to compensation for Basic Services and include expenses incurred by the Architect, in the interest of the project. Such expenses include, but are not necessarily limited to the cost of reproduction, postage, long-distance communication, mileage and facsimiles. Such reimbursable expenses will be billed at actual cost as stated in the Master Agreement dated June 14, 2004. Actual cost shall not exceed $500.00. C. Progress billings will be made monthly as provided for in the Master Agreement or upon completion of the work. Should the scope of the project change substantially; the fee will be altered accordingly, as provided for in the Master Agreement. Such work will be billed at the hourly rates specified below, for the time involved. No additional work will be initiated without Owner formal authorization. E. Donadio & Associates, Architects, P.A. Standard Hourly Billing Rates as stated in the Master Agreement are as follows: Principal $150.00 Senior Project Manager $125.00 Project Manager $100.00 CAD Technician I $ 90.00 Architectural Designer I $ 90.00 CAD Technician II $ 85.00 CAD Technician 1][I $ 75.00 Graduate Architect I $ 65.00 Technical I $ 55.00 DONADIO & Associates, Arehiteets, P.A. Riverview Park East June 28, 2004 Page 3 If the project is abandoned or terminated before completion, owner will be invoiced for the services performed, together with the reimbursable expenses incurred, as provided for in the Master Agreement. Should any questions arise regarding an invoice or any portion there of, this officeshould be contacted immediately. Payment for the mount in question may be withheld. However, timely payment of the balance is required. H. Payment for services performed is in no way based upon the receipt ofreguiatory approvals or project financing. This Proposal is valid for 30 days from the date shown hereon and represents the entire understanding between Parties with respect to the referenced Project and may only be modified in writing. : VII. GENERAL A. Models are not part of the Basic Services. Site Surveying, Civil Engineering for paving, grading & utility distribution, Off-Site Civil Engineering, Geotechnical Reports, Environmental Surveys, Re-Zoning and Application Fees for Agency approvals are not pan of the Basic Services. Co Conceptual drawings are based upon available information such as: aerials and plat maps, which are non-certified survey documents. Certified surveys will be required for the next phase of the park development plans. Do Work will commence upon receipt of a signed work authorization and will be completed within sixty (60) consecutive calendar days. Schedule of work is as follows: · 50% Conceptual Plans - 3 weeks · Owner's Review - 1 week · Changes and/or Modifications - 1 week · 100% Conceptual Plans - 3 weeka Total 8 weeks DONADIO & Associates, Architects P.A. Riverview Park East June 28, 2004 Page 4 This Proposal letter outlines our Conceptual Master Site Plan Study Design Services for Riverview Park East. Thank you for this opportunity to work with you on this very exciting project. AJD/ts DONADIO & Associates, Architects, P.A. CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approval of Work Authorization # 3 for Architectural Services for Conceptual Site Plan for Easy St. Park y: City Manager Ferrence l~.~6'~'e Agenda No. Department Origin: Purch asing/Con~aciingj Finance Director~ City Attorney: City Clerk: Date Submitted: June 29, 2004 For Agenda of: July 14, 2004 Exhibits: Work Authorization # 3 and Proposal from Donadio & Associates, Architects, P.A. EXPENDITURE REQUIRED: ] AMOUNT BUDGETED: $4,500.00 Project #C4203I 30,000.00 APPROP~R~. TION REQUIRED. None SUiVIMARY Council recently approved using the services Donadio & Associates, Architects, P.A. for different Capital Improvement Projects the City has planned. Staff`has met with representatives from Donadio & Associates to discuss design and amenities required for these projects. Improvements to Easy Street Park include sidewalk resurfacing, playground, landscaping, lighting, small gazebo and an aerator fountain in the lake. Donadio and Associates will include all this in their conceptual site plan for Easy Street Park. The total cost for this is $4,500.00 and staff`has budgeted $30,000.00 for this project. This price includes presentations to The City Council, Planning and Zoning Board and the Recreation Advisory Board. RECOMMENDED ACTION Move to approve Work Authorization # 3 for Donadio & Associates, Architects, P.A. to design a conceptual site plan for Easy Street Park Improvements for $4,500.00. CITY OF SEBASTIAN~ FLORIDA WORK AUTHORIZATION FORM Work Authorization No: ~3 Project Identification: Architectural Services for Easy Street park IT IS AGREED to undertake the following work in accordance with the provisions of our Master Agreement entitled PROFESSIONAL SERVICES AGREEMENT dated YUNE 14, 2004: Description of Assignment: SEE ATTACHED EXI~BiT 'A' entitled Architectural Services Propo~l Basis of Compensation/Period of Services: Basis of compensation will be a lump sum amount of $4,000.00, as provided for in the Master A~reement, along with a maximum not to exceed amount of $500.00 for reimbursables. Period of Services, work will commence upon execution of this Work Authorization by the parties, and completion of the work will take place no later than sirty (60) consecutive calendar days henceforth. AGREED as to scope of services, time schedule, & budget this 6~ day of July, 2004: CITY OF SEBASTIAN, A Florida mumcipal corporation By: Terrenca Moore, City Manager (Seal) DONADIO & ASSOCIATES, ARUHII'ECTS, P.A. Attest: Sally A. Maio, CMC, City Clerk Approved as to Form and Coment for Reliance by the City of Sebastian Only: Rich Slringer, City Attorney Staff Approvals: Public Works City Engineer Finance Director c~~al Services Administrator as to purc~smg & con~¢t administratiOn DONADI0 & Associates, Architects, P.A. EXHIBIT "A" ARCHITECTURAL SERVICES PROPOSAL EASY STREET PARK CONCEPTUAL MASTER SITE PLAN STUDY ARCHITECTS PROJECT NO. 4045.1.2 JUNE 28, 2004 Proposal for Architectural Services for a Conceptual Master Site Plan Study of Easy Street Park, located on approximately 7 acres situated between Easy Street, Park Avenue and Oak Street in Sebastian, Florida. The following Architectural Services will be provided: 1. Develop a Conceptual Master Site Plan indicating Building locations, Parking, Pedestrian Circulation, Vehicular Circulation, Playground Equipment, Picnic Area, Site Lighting and Electric, Landscape Features, Entry Feature, Gazebo, Lake Aerator Fountain, Sidewalk Resurfacing and any required On-Site Drainage requirements. No restrooms or potable water will be provided at this park. 2. Preliminary Meetings with City of Sebastian City Council, Planning and Zoning, Public Works and Recreation Departments. 3. Provide a detailed cost estimate for the Conceptual Master Site Plan Study. The Fee for Architectural Services shall be a lump sum Fee of $4,000,00 (Four Thousand Dollars.) 609 17~ S~a*et V~ro Beaoh, Florida 32960 Phone 772 794 2929 Fax 772 562 8600 Email daa~donadio-atoh, com License No. AA0002238 Easy Slxeet Park June 28, 2004 Page 2 SCOPE OF SERVICES This proposal is based upon the provision of the following Scope of Services: I. CONCEPTUAL DESIGN PHASE The Architect shall assist the Owner in establishing the conceptual program and ascertain the requirements of the project and shall arrive at a mutual understanding of such requirements with the Owner. Based on the understanding the Architect shall prepare a Conceptual Master Site Plan with Conceptual Renderings and Cost Estimate. II. FEE PAYMENT SCHEDULE A. The fee is based upon our understanding of the stated goals and upon completion of services described above. Bo Reimbursable expenses are in addition to compensation for Basic Services and include expenses'incurred by the Architect, in the interest of the project. Such expenses include, but are not necessarily limited to the cost of reproduction, postage, long-distance communication, mileage and facsimiles. Such reimbursable expenses will be billed at actual cost as stated in the Master Agreement dated June 14, 2004. Actual cost shall not exceed $500.00. C. Progress billings will be made monthly as provided for in the Master Agreemem or upon completion of the work. Should the scope of the project change substantially; the fee will be altered accordingly, as provided for in the Master Agreement. Such work will be billed at the hourly rates specified below, for the time involved. No additional work will be initiated without Owner formal authorization. E. Donadio & Associates, Architects, P.A. Standard Hourly Billing Rates as stated in the Master Agreement are as follows: Principal $150.00 Senior Project Manager $125.00 Project Manager $100.00 CAD Technician I $ 90.00 Architectural Designer I $ 90.00 CAD Technician II $ 85.00 CAD Technician III $ 75.00 Graduate Architect I $ 65.00 Technical I $ 55.00 DONADIO & Associates, Architects, P.A. Easy Street Park June 28, 2004 Page 3 Fo If the project is abandoned or terminated before completion, owner will be invoiced for the services performed, together with the reimbursable expenses incurred, as provided for in the Master Agreement. Should any questions arise regarding an invoice or any portion there of, this officeshould be contacted immediately. Payment for the amount in question may be withheld. However, timely payment of the balance is required. H. Payment for services performed is in no way based upon the receipt of regulatory approvals or project financing. This Proposal is valid for 30 days from the date shown hereon and represents the entire understanding between Parties with respect to the referenced Project and may only be modified in writing. A. Models are not part of the Basic Services. Site Surveying, Civil Engineering for paving, grading & utility distribution, Off-Site Civil Engineering, Geotechnical Reports, Environmental Surveys, Re-Zoning and Application Fees for Agency approvals are not part of the Basic Services. Conceptual drawings are based upon available information such as: aerials and plat maps, which are non-certified survey documents. Certified surveys will be required for the next phase of the park development plans. Work will commence upon receipt of a signed work authorization and will be completed within sixty (60) consecutive calendar days. Schedule of work is as follows: · 50% Conceptual Plans - 3 weeks · Owner's Review - 1 week · Changes and/or Modifications - 1 week · 100% Conceptual Plans - 3 weeks Total 8 weeks DONADIO & Associates, Architects, P.A. Easy Stre~ Park June 28, 2004 Page 4 This Proposal letter outlines our Conceptual Master Site Plan Study Design Services for Easy Stxeet Park. Thank you for this opportunity to work with you on this very exciting project. AYD/ts DONADIO & Associates, Architects P~A. CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approval of Work Authorization # 4 for Architectural Services for Conceptual Site Plan for Bryant Court Park ~~. ity Manager Te"/~[renee ~re" Ageuaa No. tgq C? 73 Pur ch asing/Contrae~ing~' Finance Director: ~r~. ~ City Attorney: '[~ .~--) ~ City Clerk: Date Submitted: June 29, 2004 For Agenda of: July 14, 2004 Exhibits: Work Authorization # 4 and Proposal from Donadio & Associates, Architects, P.A. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $4,500.00 Project, C4202 40,000.00 REQUIRED: None SUMMARY Council recently approved using the services Donadio & Associates, Architects, P.A. for different Capital Improvement Projects the City has planned. Staff has met with representatives fi~om Donadio & Associates to discuss design and amenities required for these projects. Bryant Court Park will include a playground, landscaping, walking trail, small gazebo and picnic tables. Donadio and Associates will include all this in their conceptual site plan for Bryant Court Park. The total cost for this is $4,500.00 and staff has budgeted $40,000.00 for this project. This price includes presentations to The City Council, Planning and Zoning Board and the Recreation Advisory Board. RECOMMENDED ACTION Move to approve Work Authorization # 4 for Donadio & Associates, Architects, P.A. to design a conceptual site plan for Bryant Cour~ Park for $4,500.00. CITY OF SEBASTIAN. FLORIDA WORK AUTHORIZATION FORM Work Authorization No: #4 Project Identification: Architectural Services for Bryant Park IT IS AGREED to undertake the following work in accordance with the provisiom of our Master Agreement entitled PROFESSIONAL SERVICES AGREEMENT dated IUNE 14, 2004: Description of Assignment: SEE ATTACHED EXHIBIT 'A' entitled Architectural Services Prooosal Basis of Compensation/Period of Services: Basis of compensation will be a lump sum amount of $4,000.00, as provided for in the Master Agreement, along with a maVamum not to exceed amount of $500.00 for reimbursables. Period of Services, work will commence upon execution of this Work Authorization by the parties, and completion of the work will take place no later than sixty (60) consecutive calendar days henceforth. AGREED as to scope of services, time schedule, & budget this 6t~ day of July, 2004: CITY OF SEBASTIAN, A Florida municipal corporation By: Terrence Moore, City Manager (Seal) DONADIO & ASSOCIATES, ARCHITECTS, P.A. B /Ant~y J. Donad~o, AI& NCARB Lg'f~dent Attest: Sally A. Maio, CMC, City Clerk Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer, City Attorney neral Services Administrator ~ as to purchasing & conixact admnastration DONADIO & Associates, Architects, P.A. EXI-I1BIT "A' ARCHITECTURAL SERVICES PROPOSAL BRYANT PARK CONCEPTUAL MASTER SITE PLAN STUDY ARCHITECTS PROJECT NO. 4046.1.2 JUNE 28, 2004 Proposal for Architectural Services for a Conceptual Master Site Plan Study of Bryant Park, located in Sebastian Highlands on approximately 3.6 acres situated between Bryant Court, Nebraska Circle and Friar Court in Sebastian, Florida. The following Architectural Services will be provided: Develop a Master Site Plan indicating Walking Trails, Parking, Pedestrian Circulation, Vehicular Circulation, Playground Equipment, Picnic Area, Gazebo and any required On- Site Drainage requirements. No restrooms or potable water will be provided at this park. 2. Maintain protection of G0pher Tortoises that are on site, along with maintaining site as natural as possible. 3. Preliminary Meetings with City of Sebastian City Council, Planning and Zoning, Public Works and Recreation Depa~hx~ents. 4. Provide a detailed cost estimate for the Conceptual Master Site Plan Study. The Fee for Architectural Services shall be a lump sum Fee of $4,000.00 (FourThousand Dollars.) 609 17°~ Stxeet Veto Beach, Florida 32960 Phone 772 794 2929 Fax 772 562 8600 Emaildaa~donadio-areh.com LieenseNo. AA0002238 Bryant Park June 28, 2004 Page 2 SCOPE OF SERVICES This proposal is based upon the provision of the following Scope of Services: I. CONCEPTUAL DESIGN PHASE The Architect shall assist the Owner in establishing the conceptual program and ascertain the requirements of the project and shall arrive at a mutual understanding of such requirements with the Owner. Based on the understanding the Architect shall prepare a Conceptual Master Site Plan with Conceptual Renderings and Cost Estimate. H. FEE PAYMENT SCHEDULE A. The fee is based upon our understanding of the stated goals and upon completion of services described above. Reimbursable expenses are in addition to compensation for Basic Services and include expenses incurred by the Architect, in the interest of the project. Such expenses include, but are not necessarily limited to the cost of reproduction, postage, long-distance communication, mileage and facsimiles. Such reimbursable expenses will be billed at actual cost as stated in the Master Agreement dated June 14, 2004. Actual cost shall not exceed $500.00. C. Progress billings will be made monthly as provided for in the Master Agreement or upon completion of the work. Should the scope of the project change substantially; the fee will be altered accordingly, as provided for in the Master Agreement. Such work will be billed at the hourly rates specified below, for the time involved. No additional work will be initiated without Owner formal authorization. E. Donadio & Associates, Architects, P.A. Standard Hourly Master Agreement are as follows: Principal $150.00 Senior Project Manager $125.00 Project Manager $100.00 CAD Technician I $ 90.00 Architectural Designer I $ 90.00 CAD Technician II $ 85.00 CAD Technician III $ 75.00 Graduate Architect I $ 65.00 Technical I $ 55.00 Billing Rates as stated in the DONADIO & Associates, Architects, P.A. Bryant Park June 28, 2004 Page 3 F. If the project is abandoned or terminated before completion, owner will be invoiced for the services performed, together with the reimbursable expenses incurred, as provided for in the Master Agreement. Should any questions arise regarding an invoice or any portion there of, this officeshould be contacted immediately. Payment for the amount in question may be withheld. However, timely payment of the balance is required. H. Payment for services performed is in no way based upon the receipt ofregnlatory approvals or project financing. This Proposal is valid for 30 days from the date shown hereon and represents the entire understanding between Parties with respect to the referenced Project and may only be modified in writing. A. Models are not part oftbe Basic Services. Site Surveying, Civil Engineering for paving, grading & utility distribution, Off-Site Civil Engineering, Geotechnical Reports, Environmental Surveys, Re-Zoning and Application Fees for Agency approvals are not part of the Basic Services. Conceptual drawings are based upon available information such as: aerials and plat maps, which are non-certified survey documents. Certified surveys will be required for the next phase of the park development plans. Work will commence upon receipt of a signed work authorization and will be completed within sixty (60) consecutive calendar days. Schedule of work is as follows: · 50% Conceptual Plans - 3 weeks · Owner's Review - 1 week · Changes and/or Modifications - 1 week · 100% Conceptual Plans - 3 weeks Total 8 weeks DONADIO & Associates, Architects, P.A. Bryant Park June 28, 2004 Page 4 This Proposal letter outlines our Conceptual Master Site Plan Study Design Services for Bryant Park. Thank you for this opportunity to work with you on this very exciting project. Very truly yours, AJD/ts DONADIO & Associates, Architects~ P.A. CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approve expenditure for the purchase of furnishings for the new City Hall & Police Department. Terrence R.~r~re Age.da No. Department of Origin: General Services I P.urchasing/Con..t~acting: ~ Finance Director. ~ City Attorney: ~Jty~Clerk: Date Submitted: 07/06/04 ]For Agenda of: 07/14/04 Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $336,255.73 $11,625,000 REQUIRED: None SUMMARY The City of Sebastian set up an Interior Design Advisory Committee comprised of representatives from each department occupying space in the new City Hall and Police Facility. The committee members were assigned the task of assisting REG Architects, Inc., whose contract provides for interior design professional services. Committee Members worked hand-in-hand as a team with REG Architects for office layout and design requirements, color schemes, choosing types, styles, and color of furnishings such as, desks chairs and wIndow blinds, etc., to meet the needs of the City. KEG Architects, then conducted a Request for Proposal process from interested firms, reviewed their responses, and short-listed four (4) of the eight (8) firms who were deemed the most responsive and responsible. REG then set up an interview process whereby the committee members and KEG met with the four (4) short listed vendors to review their proposed products and visit showrooms in order to determine quality, price, availability, customer service, and in general their ability to meet our installation and coordination needs. Once the on site visits were complete, REG requested final pricing from the following vendors and recommendations are herewith made. It should be emphasized here that the furnishings proposed include installation & coordination, and are state contract pricing with the exception of those items noted below as "open market pricing". Due to problems in coordination and installation of these specialty products, plus the difficulty of bidding these specialty items out, it is both KEG, and StafFs recommendation to include these items part of the respective firms offering. This amounts to about only 3.7% of the total Thomas W. Ruff & Company Total State Contract Pricing: 7830 Byron Drive, suite #2 Total Open Market Pricing: West Palm Beach, FL 33404-3332 Total Price Including Installation & Coordination: $195,383.34 -0- $195,383.34 ALL PRODUCTS TO BE PRODDED UNDER STATE CONTRACT PRICING All City Hall & Police Department casegoods, ie. ,desks, credenza, seating, and the tike, and all conference room fumishings, such as conference tables, worktables, marker boards. Todays Business Interior Total State Contract Pricing: 1001 Clint Moore Road, Suite 101 Total Open Market Pricing: Boca Raton, FL 33487 Total Price Including Installation & coordination: $109,157.19 $7,235.20** $116,392.39 ALL PRODUCTS TO BE PROVIDED UNDER STATE CONTRACT EXCEPT "OPEN MARKET PRICING" NOTED ABO WE AIl City Coullc'd Coullcil Chambers seatillg, City Hall lobby seating, Police Department training room seating, and all standard filing units for both City Hall and Police Department. **The Open Market Pricing cons'~ts of specialty items such as: Mail Room filing/storage system Bldg. Dept. plans review drafting table Attorney legal bookcases Police Dept. file for storage & records area City Hall Lobby wood ~amed glass encased tack board United Business Systems Total State Contract Pricing: $19,074.00 4180 St Johns Parkway, Suite 1004 Total Open Market Pricing: $ 5,406.00** Sanford, FL 32771 Total Price Including Installation & Coordination: $24~480. O0 SPECIAL TY TYPE PRODUCTS UNDER STATE CONTRACT PRICING EXCEPT "OPEN MARKET PRICING" NOTED ABOVE F'fling Units for the Building Department Plans Review area, Police Department Armory, uniform supply, evidence vault, and evidence room. **The open market pricing consists of specialty items such as: Police Dept. evidence vault & work station After careful consideration, the decision was made to exclude furnishings at the high-end and also at the low end in both quality and dollar amount, but rather buy furnishings in the mid range. Most of the furnishings although in the mid range feature good quality, durability, and have a lifetime warranty. It is the recommendation of REG and staff concurs, to replace most all of the exisfmg furniture, which will provide for continuity in style, color and coordination throughout the facilities. Because of the lead-time required by certain manufactures and suppliers, we have been advised to place orders as soon as possible so as to not impact the scheduled move to the new facilities. Because the bulk of providing everyone with samples and catalogs of the furnishings, you may visit the office of the City Manager to view the major items being purchased. RECOMMENDED ACTION Move to authorize the purchase of furnishings for the new City Hall & Police Department from Thomas W. Ruff& Company, in the amount orS 195,383.34; Todays Business Interiors, in the amount of $116,392.39; and United Business Systems, in the amount of $24,480.00. CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Public hearing and second reading of Ordinance O-04-09; petition for Voluntary Annexation by Daniel L. Spencer for a 38.27-acre parcel of land immediately south of Sebastian River Landing Phase II along CR 510 - east of Sebastian River High $ ro~~or/$~.al~ by: City Manager re'~nce ~oore Agenda No. 0~, I~,~ { Department Origin: Growth Management Purchasing/Contracting: Finance Director: City Attorney: ~-- City Clerk: '~,.~.2!~'~ Date Submitted: June 29, 2004 For Agenda of: July 14, 2004 Exhibits: O-04-09, letter of request, location map, Chapter 171.044 F.S. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: S~Y Mr. Daniel Spencer recently is requesting annexation of a 38.27-acre parcel of land immediately south of Sebastian River Landing phase II, which is located at the intersection of county roads 510 & 512. Phase II will be situated on land currently occupied by unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 510. Mr. Spencer's property is currently zoned A-1 (Agricultural) with a R (Residential, 1 unit per acre) land use designation and he desires to re-zune the property to RS-10 (10,000 SF minimum lot size) with a comprehensive land use designation of LDR (low density residential). The proposed subdivision plan outlines a total of 100 single-family lots on 38.27 acres, for a proposed density of approximately 2.61 units/acre, whereas the low-density residential land use category permits a maximum of 5 units per acre. The primary point of ingress and egxess will be a direct connection to CR 510 along the southwestern quadrant of the property aligning with the Sebastian River High School entrance. Attached within the accompanying Ordinance is a restrictive covenant limiting the subject development to 3.00 units/acre as suggested by City Council during the March 24th Council meeting. RECOMMENDED ACTION Conduct the public hearing. Staff recommendation is to adopt the ordinance. "Move to adopt Ordinance No. 0-04-09." ,ORDINANCE NO. 0-04-09 AN ORDINANCE OF TFI~ CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 38.27 ACRES, MORE OR LESS, WEST OF SEBASTIAN RIVER SOUTH PRONG AND EAST OF CR 510 BEING A PART OF SECTION 26, TOWNSHIP 31, RANGE 38; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Daniel Spencer, the owner of the parcel of property described herein, has petitioned the City for voluntary annexation of said land and due public notice o£this action has been given; and WHEREAS, the City Council finds and detem~Lues that the land propesed to be annexed is contiguous to the City, .will not result in the creation of any enclaves, and constitutes a reasonably compact addition to the incorporated territory of the City; and WI-IF, REAS, the City Council of the City o£ Sebastian, Florida, finds and determines that the annexation of said parcel is in the best interest of the City; NOW TNF, REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to include said real prope~:y: The Southwest ¼ of the Northwest ¼ of Section 26, Township 31 South P, znge 38 East, LESS the West (55.3 feet/'or Road Right of Way; as shown in the map attached as Exhibit "A", containing 38.27 acres more or less. Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of state law. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court as well as the Chairman of the County Commission of Indian River County, Florida, and with the Florida Department of State within seven days of adoption. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid, unenforceable or unconstitutional, including the DEC. L4.P~TION OF COVENANT AND RESTRICTION ON LAND contained in Exhibit "B', the remainder of the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance without such invalid or unconstitutional provision. Section 6. EFFECTIVE DATE. Following its adoption and recordation of the DECLA~TION OF COYENANT AND RESTRICTION ON LAND attached hereto as Exhibit "B", this Ordinance shall become effective concurrent with the effective date of Ordinance 0-03-18. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmeraber and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanue Monier Councilmember Michael Heptinstall The Mayor thereupon declared this Ordinance duly passed and adopted this of June, 2004. day ATTEST: CITY OF SEBASTIAN, FLOR_IDA Sally A. Maio, CIVIC City Clerk By: Mayor Nathan B. McCollum DECLARATION OF COVENANT AND RESTRICTION ON L® Exhibit gB" Page I of 2 THIS DECLARATION, made as of the date set forth below by Daniel Spencer, hereinafter referred to as "Declarant", governs the use of the following described land lying and situate in Indian River County, Florida: The Southwest ¼ of the Northwest ¼ of Section 26, Township 31 South Range 38 East, LESS the West 65.3 feet for Road Right of Way; Containing 38.27 acres more or less, hereinafter called the "Land", and provides that wm~,REAS, Declarant is the owner of the Land as described above, which Declarant seeks to annex into the City of Sebastian, Florida, NOW THEREFORE, Declarant hereby declares that all of said Land described above shall be held, sold and conveyed subject to the following restrictions and covenants, which are for the purpose of protecting the value and desirability of the Land, and shall run with said land and be binding upon all parties having any right, title or interest in the Land or any pan thereof, their heirs, successors and assigns, and shall accrue to the benefit of each owner thereof: For a period of ten years fi.om the date of armexation of the Land, Declarant, its heirs, successors or assigns, covenant that they shall not apply to rezone the Land, or otherwise seek to change the use of said Land, in any manner that results in a residential use density greater than 3 units per acm. The City of Sebastian is designated as a third-pany beneficiary of these Covenants and Restrictions, and Declarant stipulates that said third-party beneficiary shall be entitled to refuse any application or proposal submitted in violation of these Declarations without recourse by Declarant. Exhibit "B" Page 2 of 2 IN WITNESS WgIF,,REOF the undersigned, being the Declarant herein, has caused these presents to be executed in its name by its duly authorized officer, as of tiffs day of ,2004. Signed, sealed & delivered In the presence of: Daniel Spencer, Declarant Printed name: Witness Printed Name: Printed Name: Wimess STATE OF FLORIDA COUNTY OF I I-IEREBY CERTIFY that on this day, before me an officer duly authorized in the State and in the County aforesaid to take acknowledgements, personally appeared Dan/el Spencer, Declarant, to me known to be the person described in the foregoing instrument or who provided as identification, who executed the foregoing instrument and acknowledged before me that he executed the same. Said person was not under oath. WITNESS my hand and official seal this day of ,2004. Notary Public My Commission Expires: _=ction 26 31s-38e ~ 08.10 ~mpil~d 071I~10~ ~ EXHIBIT "A" MOSBY AND ASSOCIATES, INiC : 2455 14th*Avenue: Post Office Box 6368 Vero Beach, Florida 32961;B368 Telephone: 772~569-0035 * Facsimile: 772-77S-3S 17 July 3 I, 2003 Mr. Traey Hass City of Sebastian 1225 Main Street Sebastian, FL 32958 Subject:. Spencer Development Indian River County, Florida Ev~neer's Project Number: 03-390 Dear Mr. Hass: On behalf of the subject property owner's, we are requesting that the subject property be annexed .~Sthin the corporate I/mits- of *~ae CIE,' of Sebastian. The property consists of 38.27 ac. and is located on the south side of CR510, south of the intersection of CR510 and CR512. Attached is a copy of the survey w/th legal description of the property. Our client for th/s project wants to proceed as soon as possible on this project. BAM/jeb any questions regarding the above subject, please call. i7'I.044 Voluntary annexation~ (1) The owner or owners of reel property in an unincorporated area of a county which is. contiguous to a' municipality and reasonably compact may pet~on the governing body of said municipality that said property be annexed~ to the municipality. (2) Upon determination by the govemJn9 body'of the munic!paJk-y thatthe petition Dears the . signatures of= all owners of property in the area proposed', to Pe annexed, the governing body may, at any regular meeting, adopt a~ nonemergency ordinance to annex said property and rede~ne the boundary lines ortho municipa!~ to inctude said property. Said ordinance shall be passed after notice of the annexation has' been published at least once each week for 2 consecu~ve week~ in some newspaper in such c~b~, or town er, if no newspaper.is published in said city or town, then. in a newspaper' publiahed~in the sams county;, and if nc newspaper is published in said county, then at toast three printed copies of said notice shall be posted for 4 c~nsecutive weeks at some conspicuous place irt sai~' c..~/dC town. 'The notice shall give the ordinance number and a brief, genera} description of the area proposed to be annexed'. The descdp~on shall include a map steady showing the area and a statement [hat the complete legal description by metes and bounds and the ordinance can be obtained from the, office of the city cierk. (3) An ordinance adopted under this section shall be flied with 'ce clerk of the drou[t court and the chief administrative officer of the county in which the municipaiity is located and with the Department of State wfthin 7 days after the adoption of such ordinance. The ordinance must include a map which cieaHy snows the annexed area and a complete legal description of that area Dy metes and bounds. (4) The method of annexation provided by (his section shall be supplemental to any other procedure provided by general or special law, except that this section shall not appty to municipalities in counties with charters which provide for an exclusive method of municipal annexation. (5) Land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves. · (8) Upon publishing or posting the ordinance notice required under subsection (2), the governing body of ~e municipality must provide a copy of the ndtice, via cedified mail, to the board of the county commissioners of the county wherein, the municipality is located. The notice provision provided in this subsection shall net be the basis of any cause of action ohallengin9 the. annexation. Hi~tory.---s. ?, r..h~ 7~190; ss. 4, 5, 6~% 75-297; s. 3, Ct. 76-178; s. 2, ch. 86-113; s. 1, ch. 90-171; s. 16, ¢.~. 90-279; CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Second reading and adoption hearing of Ordinance No. O-03-18; land use amendment for a proposed 38.27-acre private subdivision situated along CR-510 immediately south of Sebastian River Landings Phase II, and immediately east of Sebastian River High School. f~ov~ub .miry: City Manager ~er_ve~ce R. ~MMgo[e Agenda No. ~0q. (~ 5 I Department Origin: Growth Managemeat~/ Purchasing/Contracting: Finance Director: City Attorney: '~__ City Clerk: ~ Date Submitted: June 29, 2004 For Agenda of: July 14, 2004 Exhibits: O-03-18, Location Map, Application and P&Z recommendation, staff report. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Mr. Daniel Spencer is requesting a large scale land use map amendment for a 38+/- acre tract of land lying immediately south of Sebastian River Landing phase II, which is located at the intersection of county roads 510 & 512. Mx. Spencer's property is currently zoned A-1 (Agricultural) with an R (Residential, 1 unit/acre) land use designation and he desires to re-zone the property to RS-10 (10,000 SF minimum lot size) with a comprehensive land use designation of LDR (low density residential). The property is currently a citrus grove proposed for development of up to I00 single-family residential homes. RECOMMENDED ACTION Conduct final public hearing. Staff recommends the City Council move to adopt this ordinance. "Move to adopt Ordinance No O-03-18." ORDINANCE NO. O-03-18 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING OF 38 ACRES, MORE OR LESS, WEST OF SEBASTIAN RIVER SOUTH PRONG AND EAST OF CR 510 BEING A PART OF SECTION 26, TOWNSHIP 31, RANGE 38; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WglEREAS, the City Council has considered the application of Daniel Spen er for an amendment to designate an initial land use for certain property considered for annexation from its existing County Future Land Use Map designation orR. (Residential, 1 unit per acre) to a City desi~ation of LDR (Low Density Residential); and WgEREAS, the City Council has considered the criteria identified in the Land Development Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and zomg Commission; and WHEREAS, the City Council has provided notice of the proposed Plan Amendment and ' has conducted the required public hearings to receive citizen input; and Wlt-I*.REAS, the City Council has considered the applicable provisions of the existing Comprehensive Land Use Plan; and Wl[rEREAS, the City Council hns determined that the proposed changes in the City Comprehensive Land Use Map, are consistent with the existing comprehensive plan and the future development goals of the City of Sebastian. NOW, TNI*~REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map adopted by this Ordinance shall affect the following described real property, as of the effective date to be lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: The Southwast ¼ of the Northwest ¼ of Section 26, Township 31 South Kange 38 East, LESS the West 65.3 feet for Road Right of WaT, Containing 38.27 acres more or less. Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected property, and designate the same as LDK (Low Density Kesidential) in accordance with the requirements of Florida law. Section 3. TRANSMITTAL. The City Manager is d~rected to transmit a certified copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutionai, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional prevision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon the concurrence of the issuance of a Notice of Intent by the Florida Depm'tment of Community Affairs or other final action finding the amendment herein in compliance, and annexation of the property into the corporate limits of the City of Sebastian. PASSAGE UPON FIRST READING The foregoing Ordinance was mo~d for passage upon first reading this 17th day of December, 2003, byCoun¢ilmember /~'L~:~t~ . The motion was seconded by Coun¢ilmember ,, ':~4 ~ ~/~- and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ray Coniglio Councilmember See Bamzyk Couneilmember Iames A. Hill Councilmember Nathan McCollum ATTEST: /kS~lly A. M~Vo, CMC City Clerk ADOPTION The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Vice-Mayor Councilmember Councilmember Councilmember The Mayor thereupon declared this Ordinance duly passed and adopted this __ ., 200__. CITY OF SEBASTIAN, FLORIDA day of ATTEST: Mayor SallyA. M~o, CMC CityClerk Approved as to form and legality for reliance by the City of Sebastian only: City Attorney Section 26 31s-38e 08. 10 compiled 07116102 City of Sebastian Development Order Application permit Application No. Applicant (if not owner, written authorization (notarized) from owner is required) Name: DANIEL N, SPENCER Address: P.O. BOX 1049 WABASSO, FL 32970-1049 Phone Number: ( 772 ) 589-5607 IFax Number: ( 772 ) 589-8800 E-Mail: Owner (if different from applicant) Name: Address: Phone Number: ( ) IFax Number: ( ) E-Mail: Type of permit or action requested: ANNEXATION,REZONiNG COMPREHENSIVE LANB USE & PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 l/2" x 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMENTAL INFORMATION FORM. A. Project's Name (if applicable): SPENCER DEVELOPMENT B. Site Information Address: 8905 90TH AVENUE LOt: Block: Unit: Subdivision: indian River County Parcel #: 3t-38-26-00000-3000-00007~0 Zoning Classification: Future Land Use: REQUESTING RS-10 RESIDENTIAL Existing Use: Proposed Use: VACANT RESIDENTIAL C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): SINGLE FAMILY RESIDENTIAL SUBDIVISION DATEREOEIVED: 7),~Oj~_~ FEEPAID:$<~C(~ RECEtVEDBY: ~ ~ ~ Form CD-2001 Revision: Page 1 of 3 Development Application Approved: 08-27-97 File Name: DCA D. Project Personnel: Agent: BRUCE MOIA, P.E. Name: MOSBY & ASSOCIATES, INC. Address: 2455 14TH AVENUE VERO BEACH, FL 32960 Phone Number: ( 772 ) 569-0035 IFax Number: ( 772 ) 778-36t7 Attorney: Name: Address: Phone Number: ( ) IFax Number: ( ) -Mail: En~lineer: BRUCE MOIA, P.E. Name: MOSBY & ASSOCIATES, INC. Address: 2455 14TH AVENUE VERO BEACH, FL 32960 Phone Number: ( 772 ) 569-0035 IFax Number: ( 772 ) 778-3617 E-Mail: mosbyOOlC, yahoo.com Surveyor: JAMES FOWLER Name: FOWLER LAND SURVEYING Address: 835 13TH LANE VERO BEACH, FL 32960 Phone Number: ( 772 ) 562--4744 IFax Number: ( 772 ) 562-0963 E-Mail: I, DANIEL SPENCER, BEING FURST DUPLY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER [ AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MA'I-FER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA, AND/OR SKETCHES PROVIDED IN THIS APPLICATION ~ ACCURATE AND T~J~/E TO THE BEST OF MY KNOWLEDGE AND BELIEF. Signature ~' Date/ ' Y Sworn to and subscribed before me by ,-'~"W~}(2~,I .',.~.~¢1~ Who is ~nown to me or produced as identification, this ~--'~"(~d/Lday of ~ ~'-~'_~, ,200~ PRINTED NAME OF NOTARY /~ ~'~ COMMISSION NO./EXPIRATION ~ ~[~O~' ~.~ S~L: Form CD-2001 Revision: PaCe 2 of 3 Approve.~2~8-27-97 Development Application File Name: DOA The following is required for all comprehensive plan amendments, zoning amendments (inicuding rezoning), site plans, conditions use permits, special use permits, variances, exceptions, and appeals. E/WE, X_ , THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE PLANNING & ZONING BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE BOARD/COMMISSION) TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPER'Pr' IN CONNECTION WITH MY/OUR PENDING APPLICATION. lANE HEREBY WAIVE ANY OBJECTION OR DEFENSE [/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FORM ANY BOARD.COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDUREAL OR SUBSTANTICE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OT THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOTAS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. ~ature '/"~ Date ./ Sworn to and subscribed before me by Who is personally known to me_or produced as identification, this ~ day of PRINTED NAME OF NOTARY 4,]~%t~~ COMMISSION NO./EXPIRATION t'.~ ~(~(~ S~L: Form CD-2001 Revision: Page 3 of 3 Approved: 08-27-97 Development Application File Name: DOA Permit Application No. Supplemental Information Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PAGES, IF NECESSARY, X 1. Current land use map designation: LOW DENSITY RESIDENTIAL X 2. Proposed land use map designation: LOW DENSITY RESIDENTIAL X 3. Size of the project in acres: 38.27 ACRES X 4. Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City: IMPACT IS MINIMUM DUE TO CONSISTENCY WITH COMPREHENSIVE PLAN AND ORDINANCES OF CITY. X 5. Is the proposed ademendment consistent with the other elements of the comprehensive plan? If not, which one(s)? YES. X 6. Is the proposed amendment in coonformance with applicable substantive requirements of the City of Sebastian Code of Ordinances? If not, which one(s)? YES. X 7. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevent to the proposed amendment? NONE, Form CD-2008 [~ro'~d~-27-97 Revision: Page 1 of 3 Comp Plan Amend (Land Use) File Name: SICPALU X 8. Is the proposed amendment compatible with the existing or future land uses of the City? If not, why not? YES, X 9. Are there adequate public faciities to serve the proposed land use? If not, which one (s) are not adequate? YES. X 10. Would the proposed amendment result in a significat adverse impact on the natural environment? If so, describe the impact. NO. X __ 11. Would the proposed amendment adversely affect the property values of the area, the general health, safety, and welfare and impact the financial resources of the City? If so, describe how. NO. X 12. Does the proposed amendment result in an orderly development pattern? If not, describe. YES. Form CD-2008 Revision: Approved: 08-27-97 Page 2 of 3 Comp Plan Amend (Land Use) F e Name: SICPALU X 13. Attached the following:. X a. A verified statement showing each and every indidual person having a legal and/or equitable ownerhsip interest in the subject property except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the na~me and address of the corooration and principal executive officers will be sufficient. X b, Attach list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. X c. A survey and legal description of the property for which the land use amendment is being requested. Form CD-2008 ¢,¢-~-,~.~: 08~2%97 Revision: Page 3 of 3 Comp Plan Amend (Land Use) F e Name: SICPALU PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003 E. PUBLIC HEARING- RECOMMENDATION TO CITY COUNCIL- LAND USE MAP AMENDMENT/REZONING - SPENCER DEVELOPMENT - CR510 Bruce Moia, Mosby & Associates, Veto Beach, Fiorida was present for the applicant. He presented title request for an LOR land use and RS-10 zone designation. The proposed development will have a minimum lot size of 80' X 100', 2.6 units per acre, curb and gutter with sidewalks. Mr. Hass had nothing more to add except staff recommends approval for both the land use change and rezone. Mr. Mahoney inquired about the proposed access through Phase ill of Sebastian River Landings. Mr. Hass said that is speculative at this point if it occurs but [here will be a connection to 510 as their main point of ingress and egress. The following people spoke: Richard Scudock, 1190 Barber Street, Sebastian, Florida opposed to the plan because the Iand is currentJy zoned for one unit per acre and doesn't want the zoning increased. MOTION by MoniedSeeley "1 make a motion that we approve [recommendation to city council] the land use change from R County to LDR and i also make a motion to [recommend to city council] to rezone from R-1 County to RS-10." Roll Caih k/Ir. Faille yes Mr. Allocco yes Chmn Smith yes Mr. Mahoney yes Mr. Seeley la) yes Ms. Monier yes Mr. Blessing yes The vote was %0. Both motions carried. CHAIRMAN MA~FFERS: MEMBER MA"I-FERS: DIRECTOR MA~Ff'ERS: NONE NONE Mr. Hass said there are four other projects similar to what was presented this evening. Ms. Monier asked where is the commercial to support all these homes. Mr. Stringer said the long-term plan is to have the riverfront district support a commercial area. Mr. Hass added that Sebastian River Landings Phase I came in at 3.4 units per acre and under the county's guidelines they were at 3 units per acre so it was an increase in density. That's when the negotiations started to bring it down to 3 units per acre.and it got carded over into subsequent phasing of Sebastian River Landings and then all of a sudden the whole idea was, the whole city, every annexation should be limited to 3 units per acre. The direction was if they have 3 units per acre tets keep them at 3 if they have 8 units per acre they obviously will have to reduce it down to five because we don't have a 6 and then let's further negotiate it down within the 5 to bring it down to something in that 3 to 3.5 ran§e. Mr. Stringer added that the Highlands aren't even 3 per acre they are 3.3. Mr. Blessing and Ms. Monier asked if a new land use category could be developed. Mr. Hass said this has been discussed with the consultants about goin9 ahead and doing ~ 7 Growth Management Department Comprehensive Plan Amendment Application Staff Report 1. Project Name: 2. Requested Action: 3. Project Location a. Address: b. Legal: See survey C. 4. Project Owner: Project Agent: Project Engineer: Project Surveyor: Project Description a, Spencer Development Land Use Change from R (County) to LDR East of CR 510, south and adjacent to Sebastian River Landings. Indian River County Parcel Number: 31-38-26-00000-3000-00007.0 Daniel N. Spencer P.O. Box 1049 Wabasso, Florida 32970-1049 (772) 589-5607 fax; (772) 589-8800 Bruce Moia, P.E. Mosby & Associates, Inc. 2455 14~ Avenue Vero Beach, F{orida 32960 (772) 569-0035 fax: (772) 778-3617 Same as above James Fowler Fowler Land Surveying 835 13~ Lane Vero Beach, Florida 32960 (772) 562--4744 fax: (772) 562-0963 Narrative of proposed action: Mr. Daniel Spencer recently filed an application for annexation of a 38.27-acre parcel of land immediately south of Sebastian River Landing phase Il, which is located at the intersection of county roads 510 & 512. Phase II will be situated on land currently occupied by unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 510. Mr. Spencer's property is currently zoned A-1 (Agricultural) with an R (Residential, 1 unitJacre) land use designation and he desires to re-zone the property to RS-10 (10,000 SF minimum lot size) with a comprehensive land use designation of LDR (Iow density residential). The conceptual plan outlines a total of 99 single-family lots on 38.27 acres, for a proposed density of approximately 2.59 units/acre, whereas the Iow-density residential land use category permits a maximum of 5 units per acre. The primary point of ingress and egress will be a direct connection to CR 510 along the northern quadrant of the property, with an additional access to future development for phase III of Sebastian River Landings to the east of the subject site. b. Current Zoning: c. Adjacent Properties Zoning North: PUD-R East: A-1 South: A-1 West: A-1 A-1 (County - Agriculture) Current Land Use Future Land Use Single Family/Vacant LDR Agricultural/Vacant LDR Vacant L-1 (County) Vacant L-1 (County) Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: 38.27 acres Vacant Residential Electra, Riviera, Wabasso Various Plant Matedal Zone X Indian River County Utilities Indian River County Utilities North County Park - 1/2 mile Sebastian Police 4 miles County Fire - 2 miles Comprehensive Plan Consistency Future Land Use: Consistent 10. 11. 12. 13. 14. 15. 16. 17. b, Traffic Circulation: Consistent c: Public Facilities: Consistent d. Housing: Consistent e. Coastal Management: Consistent f. Recreation and Open Space: Consistent g. Conservation: Consistent h. Intergovernmental Coordination: Consistent Conformance with Code of Ordinances: Consistent Changed Conditions: Existing site is undeveloped agricultural property, with a proposed change to single-family residential. Land Use Compatibility: Property to the north is under evaluation for annexation into the city for the development of a single family neighborhood, while the adjoining properties to the east and south are currently zoned for agricultural use with a land use designation of L-l, or 3 units/acre. Adequate Public Facilities: Provided - public utilities (water, wastewater) will be incorporated within the development of the proposed subdivision, and on-site stormwater tracts are also incorporated in the proposal. Natural Environment: The proposed PUD will contain the requisite open space as required by land development regulations. Economic Effect: provided - The property is not within the corporate limits of the City of Sebastian. Annexation will provide an additional 38.27 +/- acres of land area with a maximum of 99 residential units, which in turn creates an expanded tax base for the City of Sebastian. Orderly Development: The proposed land use change is consistent with the comprehensive plan and the proposed land use change provides for orderly development given the location of the site adjacent to residential property and availability of sufficient public facilities and access. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to incorporate and/or annex enclave parcels within incorporated cities. Although the properly in question is not an enclave, it is adjacent to the urban service area, and would most likely be better served by municipal services. The current use of the property is for agricultural purposes. The City does not permit agricultural use and the proposed change to a single- family development is consistent with the future goals and objectives of the City of Sebastian. Therefore, staff finds that the proposed annexation/land use change is not in conflict with public interest. 18. Other Matters: The requested land use change and accompanying rezoning will provide consistency with the future land use map of the comprehensive plan. Annexation of the parcel will demonstrate compliance with goals and objectives as outlined in the comprehensive plan for annexation of properties lying adjacent to the urban service area. The proposed land use change will create a slightly greater impact on water, wastewater, drainage and solid waste facilities. 19. Analysis: Mr. Daniel Spencer recently filed an application for annexation of a 38.27- acre parcel of land immediately south of Sebastian River Landing phase II, which is located at the intersection of county roads 510 & 512. Phase II will be situated on land currently occupied by unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 510. Mr. Spencer's property is currently zoned A-1 (Agricultural) with an R (Residential, 1 unitJacre) land use designation and he desires to re- zone the property to RS-10 (10,000 SF minimum lot size) with a comprehensive land use designation of LDR (Iow density residential). The conceptual plan outlines a total of 99 single-family lots on 38.27 acres, for a proposed density of approximately 2.59 units/acre, whereas the Iow-density residential land use category permits a maximum of 5 units per acre. The primary point of ingress and egress will be a direct connection to CR 510 along the northern quadrant of the property, with an additional access to future development for phase III of Sebastian River Landings to the east of the subject site. 20. Conclusion: The requested land use change from R (County) to LDR is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 21. Recommendation: Staff recommends approval of the requested land use change subject to the following: ,//~~ity Council. P~ED BY The hand use change shall be conditioned upon receipt of annexation approval by DATE' 4 CITY OF SEBASTIAN AGENDA TRANSMITI'AL Subject: Second reading and quasi-judicial public hearing for Ordinance 0-04-10; conceptual development plan and rezoning request from Agricultural (A-I) to RS-10 for a proposed 38+/- acre lract of land situated mediately south of Sebastian River Landings Phase II along CR 510 - east of Sebastian River High School. Te~rence .l~M~°re Agenda No. ~)~ ·0 Department Origin: _Growth Manage Purchasing/Contracting: Finance Director: City Attorney: ~_~ City Clerk: Date Submitted: June 29, 2004 For Agenda of: July 14, 2004 Exhibits: O-04-10, SubdivisionPla~ StaffKeport, P&Zrecommendation, Application. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Mr. Daniel Spencer recently is requesting annexation ofa 38.27-acre parcel of land immediately south of Sebastian River Landing phase II, which is located at the intersection of county roads 510 & 512. Phase II will be situated on land currently occupied by unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 510. Mr. Spencer's property is currently zoned A- 1 (Agricultural) with a R (Residential, 1 unit per acre) land use designation and he desires to re-zone the property to RS-10 (10,000 SF minimum lot size) with a comprehensive land use designation of LDR (low density residential). The proposed subdivision plan'outlmes a total of 100 single-family lots on 38.27 acres, for a proposed density of approximately 2.61 units/acre, whereas the low- density residential land use category permits a maximum of 5 units per acre. The primary point of ingress and egress will be a direct connection to CR 510 along the southwestern quadrant of the property aligning with the Sebastian River High School entrance. The Planning and Zoning Commission held the required public hearing and forwarded a recommendation for approval of said request during a public hearing held on September 18, 2003. Attached within the ordinance for annexation (O-04-09) is a restrictive covenant limiting the subject development to 3.00 units/acre as suggested by City Council during the March 24th Council meeting. RECOMMENDED ACTION Conduct the quasi-judicial public hearing for Ordinance No. 0-04-10. Staff recommends the City Council adopt Ordinance No. 0-04-10. "Move to adopt Ordinance No. O-04-10." ..ORDINANCE NO. 0-04-10 AN ORDINANCE OF ~ CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF RESIDENTIAL SINGLF.,-FAMII,y ~ 10) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURAL, 1 UNIT PER $ ACRES (A-l) FOR LAND FOR LAND CONSISTING OF 38.27 ACRES, MORE OR LESS, WEST OF SEBASTIAN RIVER SOUTH PRONG AND EAST OF CR 510 BEING A PART OF SECTION 26, TOWNS~rP 31, RANGE 38; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ~I~EWITH; PROVIDING FOR SEVERAB]LITY; AND PROVIDING FOR AN EFFECTIVE DATE. Wl~.~S, Daniel Spenser has filed a petition for amendment to the 'Zoning Orrlin~n_ce; sm~d WHEREAS, the City Council has provided notice of the proposed zoning change and conthmted a publ/c hearing iv receive citizen input; and. WFIlV~REAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Lend Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WFI~-REAS, the City Council as m~rte the following findings: A. The proposed use is consistent with'the goals, objectives and other elements of the Comprehensive Land Use Pla~. · B. The proposed use is in cOnformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The lxoposed use is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and fac/lifies. F. The proposed change in use will not result in any adverse impacts on the natural environment. G. The proposed use will no~ adversely affect the property values in the area, or the general healtl~ safety and welfaxe o£ the City or have an adverse impact on the ~ina~cial resources o£the City. H. The proposed use will result in an orderly and local development pattern, Section 4. hereby repealed. Section 5. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now lying and being within thc incorporated area of the City of Sebastian, Indian River County, Florida: The Southwest ¼ of the Northwest ¼ of Section 26, Township 31 South Range 38 East, LESS the West 65.3 feet for Road Right of Way; Containing 38.27 acres more or leas.. Section 2, REZONING. The real property described above is hereby given an initial City zoning designation of Residential Single-Family (RS-10). Section 3. ZONING MAP. The official City Zoning Map shall be amended to include the subject property and reflect th/s designated zoning district. CONFLICT. All ordinances or parts of ordinances in conflict herewith are SEVERABILITY. In the event a court of competent jurisdiction shall determine that anypart of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 7. EFFECTIVE DATE. effectiveness of Ordinance O-03-18. The foregoing Ordinance was · The motion was seconded by Councilmember This Ordinance shall take effect upon the moved for adoption by Couneilmember and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember Michael Heptinstall The Mayor thereupon declared this Ordinance duly passed and adopted this . day of 2004. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Nathan B. MeCollum Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney , Growth Management Department Rezoning Application - Staff Report Project Name: Spencer Development Requested Action: Rezoning from R-1 (County) to RS-10 Project Location a. AddreSs: b. Legal: See survey East of CR 510, south and adjacent to Sebastian River Landings. c. Indian River County Parcel Number: 31-38-26-00000-3000-00007 0 Project Owner: Daniel N. Spencer P.O. Box 1049 Wabasso,. Florida 32970-1049 (772) 589-5607 fax: (772) 589-8800 Project Agent: Bruce Moia, P.E. Mosby & Associates, Inc. 2455 14th Avenue Vero Beach, Flodda 32960 (772) 569-0035 fax: (772) 7"78-3617 Project Engineer: Same as above Project Surveyor: James Fowler Fowler Land Surveying 835 13~ Lane Veto Beach, Florida 32960 (772) 562-4744 fax: (772) 562-0963 Project Description Narrative of proposed action: Mr. Daniel Spencer recently filed an application for annexation of a 38.27-acre parcel of land immediately south of Sebastian River Landing phase I1, which is located at the intersection of county roads 510 & 512. Phase II will be situated on land currently occupied by. unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 510. Mr. Spencer's property is currently zoned A-1 (Agricultural) with an L-1 (Low Density Residential, 3 units per acre) land use designation and he desires to ~/,~ 1 · North: East: South: West: do zone the property to RS-10 (10,000 SF minimum lot size) with a comprehensive land use designation of LDR (Iow density residential). The conceptual plan outlines a total of 99 single-family lots on 38.27 acres, for a proposed density of approximately 2.59 units/acre, whereas the Iow-density residential land use category permits a maximum of 5 units per acre. The pdmary point of ingress and egress will be a direct connection to CR 510 along the nor[hem quadrant of the property, with an additional access to future development for phase III of Sebastian River Landings to the east of the subject site. Current Zoning: A-1 (County - Agriculture) Adjacent Properties PUD-R Single FamilyAYacant LDR A~1 Vacant L-1 A-1 Vacant L-1 (County) A-1 Vacant L-1 (County) 38.27 acres Undeveloped Electra, Riviera, Wabasso Various Vegetation Zone X Indian River County Utilities Indian River County Utilities North County Park - ¼ mile Sebastian Police 4 miles County Fire - 2 miles Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Comprehensive Plan Consistency a. Future Land Use: b, Level of Service L-1 (County - 3 units/acre) (1) Traffic: The proposed will create an ADT of 1000 Trips (99 units x 10.1 2 10. 11. 1'~. 13. 14. 15. 16, trips/day). Therefore, there will be an increased demand on the existing roadway network. However, CR's 510 & CR 512 are oper~iting below capacity, with both roadways programmed for future 4-1aning. (2) Potable Water: The proposed subdivision will be connecting to Indian River County Utilities water main, therefore eliminating the need for potable wells within said development. (3) Wastewater: The proposed subdivision will be connecting to Indian River County Utilities sewer forcemain, therefore eliminating burdensome septic systems within the developed area. (4) Stormwater: Project includes a privately operated and maintained stormwater system, which by design will improve water filtration pdor to intrusion into the groundwater system, while also reducing maintenance obligations for the City. (5) Recreation: Property owners within the proposed subdivision will be subjected to the citywide recreation impact fee program, ,therefore supplementing and enhancing the development of future parks and recreational facilities within the community ...... (6) Solid Waste: There will be an increased demand on solid waste with the addition of 99 residential units. Conformance with Code of Ordinances: The proposed rezoning is consistent with the Code of Ordinances. Changed Conditions: Existing site is undeveloped agricultural land, with proposed change to single-family residential. Land Use Compatibility: Property to the north is under review for annexation into the city for the development of a single family neighborhood, while the adjoining properties to the east and south are currently zoned for agricultural use with a land use designation of L-l, or 3 units/acre. Adequate Public Facilities: Provided - public utilities (water, wastewater) will be incorporated within the development of the proposed subdivision, and on-site stormwater tracts are also incorporated in the proposal. Natural Environment: The proposed PUD will contain the requisite open space as required by land development regulations. Economic Effect: The property is not within the corporate limits of the City of Sebastian. Annexation will provide an additional 38.27 +/- acres of land area with a maximum of 99 residential units, which in turn creates an expanded tax base for the City of Sebastian. Orderly Development: The proposed rezoning is consistent with the comprehensive plan and the proposed land use change provides for orderly development given ~'--~ 3 location of the site adjacent to residential/commeroial property and availability of sufficient public facilities and access. 17. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to incorporate and/or annex enclave parcels within incorporated cities. Although the property in question is not an enclave, it is adjacent to ~he urban service area, and would most likely be better served by municipal services. The current use of the property is for agricultural purposes. The City does not permit agricultural use and the proposed change to a single- family development is consistent with the future goals and objectives of the City of Sebastian. Therefore, staff finds that the proposed annexation/land use change is not in conflict with public interest. 18. Other Matters: The requested land use change and accompanying rezoning will provide consistency with the future land use map of the comprehensive plan. Annexation of the parcels will demonstrate compliance with goals and objectives as outlined in the comprehensive plan for annexation of properties lying adjacent to the urban service area. The proposed land use change will create a slightly greater impact on water, wastewater, drainage and solid waste facilities. Analysis: Mr. Daniel Spencer recently filed an application for annexation of a 38.27- acre parcel of land immediately south of Sebastian River Landing phase I~, which is located at the intersection of county roads 510 & 512. Phase II will be situated on land currently occupied by unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 510. Mr. Spencer's property is currently zoned A-I (Agricultural) with an L-1 (Low Density Residential, 3 units per acre) land use designation and he desires to re-zone the property to RS-10 (10,000 SF minimum lot size) with a comprehensive land use designation of LDR (Iow density residential). The conceptual plan outlines a total of 99 single-family lots on 38.27 acres, for a proposed density of approximately 2.59 units/acre, whereas the Iow-density residential land use category permits a maximum of 5 units per acre. The primary point of ingress and egress will be a direct connection to CR 510 along the northern quadrant of the property, with an additional access to future development for phase II of Sebastian River Landings to the west of the subject site. 20. Conclusion: The requested rezoning from A-1 (County) to RS-lO is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 21. Recommendation: Staff recommends approval of the requested rezoning subject to the following: pRF~~°ning shall be conditioned upon receipt of annexation approval by the City D~'~E 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003 E. PUBLIC HEARING --RECOMMENDATION TO CITY COUNCIL - LAND USE MAP A~ENDMENT/RET_ONING - SPENCER DEVELOPMENT - 0R518 Bruce Moia, Mosby & Associates, Vero Beach, Florida was present for the applicant: He presented the request for an LDR land use and RS~10 zone designation. The proposed de~/elopment will have a minimum lot size of 80' X 100', 2.6 units per acre; curb and gutter with sidewalks. Mr: Hass had nothing more to add except staff recommends approval for both the land use change and rezone. Mr. Mahoney inquired about the proposed access through Phase Itl of Sebastian River Landings. Mr. Hass said that is speculative at this point Jf it occurs but there will be a connection to 510 as their main point of ingress and egress. The following people spoke: Richard Scurlock, 1190 Barber Street, Sebastian, Florida opposed to the plan because the land is currently zoned for one unit per acre and doesn't want the zoning increased. MOTION by Monier/Seeley "I make a motion that we approve [recommendation to city council] the land use change fi'om R County to LDR and also make a motion to [recommend to city council] to rezone from R-1 County to RS-10." Roll Call: Mr. Faille yes Mr. Allocco yes Chmn Smith yes Mr. Mahoney yes Mr. Seetey (a) yes Ms. Monier yes Mr. Blessing yes The vote was 7-0. Both motions carried. CHAIRMAN MATTERS: . NONE MEMBER MATTERS :' DIRECTOR MATTERS: NONE Mr. Hass said there are four other projects similar to what was presented this evening. Ms. Monier asked where is the comme[cial to support all these homes. Mr. Stringer said the long-term plan is to have the dverfront district support a commercial area. Mr. Hass added that Sebastian River Landings Phase I came in at 3.4 units per acre and under the county's guidelines they were at 3 units per acre so it was an increase in density. That's when the negotiations started to bring it down to 3 units per acre and it got carded over into subsequent phasing of Sebastian River Landings and then all of a sudden the whole idea was, the whole city, every annexation should be limited to 3 units per acre. The direction was if they have 3 units per acre lets keep them at 3 if they have 6 units per acre they obviously will have to reduce it down to five because we don't have a 6 and then let's further negotiate it down within the 5 to bdng it down to something in that3 to 3.5 range. Mr. Stdnge~ added that the Highlands aren't even 3 per acre they are 3.3. Mr. Blessing and Ms. Monier asked if a new land use category could be developed. Mr. Hass said this has been discussed with the consultants about going ahead and doing 7 City of Sebastian Permit Apolication No. Development Order Application Applicant (if not owner, written authorization (notarized) from owner is required) Name: DANIEL N. SPENCER Address: P.O. BOX 1049 Phone Number: ( 772 ) 589-5607 *Mail: WABASSO, FL 32970-1049 IFax Number: ( 772 ) 589-8800 Owner (if different from applicant} Name: Address: Phone Number: ( ) IFax Number: ( ) Type of permit or action requested: ANNEXATION,REZONiNG COMPREHENSIVE LAND USE & PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, b-TO, SHALL BE ATTACHED ANB 8 1/2" x 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. A~-FACH THE APPROPRLATE SUPPL~:MENTAL INFORMATION FORM. IA. Project's Name (if applicable): SPENCER DEVELOPMENT B. Site information Address: 8905 90TH AVENUE L~t: Block: Unit: Subdivision: indian River County Parcel #: 3%38-26-00000-3000-00007.0 Zoning Classification: Future Land Use: REQUESTING RS-10 RESIDENTIAL Existing Use: Proposed Use: VACANT RESIDENTIAL Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary.): SINGLE FAMILY RESIDENTIAL SUBDIVISION Form CD-2001 Revision: Page 1 of 3 Approved: 08~27-97 Development Application F e Name: DCA D, Project Personnel: Agent: BRUCE MOIA, P.E Name: MOSBY & ASSOCIATES, INC, Address: 2455 14TH AVENUE VERO BEACH, FL 32960 Phone Number: ( 772 ) 569-0035 IFax Number: ( 772 ) 778-3617 E-Mail: mosby00.1 ~yahoo.com Attorney: 'Name: Address: Phone Number: ( ) I Fax Number: ( ) E-Mail: Engineer: BRUCE MOIA, P.E. Name: MOSBY & ASSOCIATES, INC. Address: 245,5 14TH AVENUE VERO BEACH, FL 32960 Phone Number: ( 772 ) 569-0035 IFax Number: ( 772 ) 778-3617 E-Mail: mosby001 ~vahoo.com Su~eyor: JAMES FOWLER FOWLER LAND SURVEYING Address: 835 13TH LANE VERO BEACH, FL 32960 !Phone Number: ( 772 ) 562-474,4 IFa× Number: ( 772 ) 562-0963 l E-Mail: l, DANIEL SPENCER. BEING FURST DUPLY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER ' I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MA'f-f'ER OF THIS A~L~A~ AND TH~T ALL THE ~R~AT~N~ MA~ DATA~ AND~ ~K~H~ ~R~v~DED ~ TH~ AP~L~CAT~N URATE AND 'I~RAIE TO TH E BEST OF MY KNOWLEDGE AND BELIEF; Signature ~" -- Date/ ' / Sworn to and subscribed before me by Who is Bersonally known to me or produced as identi~cation, [hi--day of ~ ~ ~L~ ,200~ NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION ~ ~(6~o~' ~(~(0 S~L: Form CD-2001 Revision: Page 2 of 3 Approved: 08-27-97 Development Application F e Name: DCA The following is required for all comprehensive plan amendments, zoning amendments (inlcuding rezoning), site plans, conditions use permits, special use permits, variances, exceptions, and appeals. . lANE, _X , THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE 'SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE PLANNING & ZONING BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE BOARD/COMMISSION) TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION, I/WE HEREBY WAIVE ANY OBJECT]ON OR DEFENSE lANE MAY HAVE, DUE TO THE QUASI-JUDICiAL NATURE OF THE PROCBEDINGS, RESULTING FORM ANY BOARD.COMMISSION MEMBER ENTERING OR VIEWfNG THE PROPERTY, INCLUDING ANY'CLAIM OR ASSERTION THAT MY/OUR PROCEDUR~AL OR SUBSTANT1CE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OT THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIE%/ING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. O~te ./ Sworn to and subscribed before me by ~-'~i~I ~C:~C'C~" Who is personally known to me or produced ~ as identification, this ~ day of · L.,~,j~C( , 200 ~ pRiNTED NAME OF NOTARY ~ I/']¢%i~ ¢~ - COMMISSION NO./EXPIaTION i~ ~t~(*~ I(}/~/~ S~L: Form CD-2001 Revision: Approved: 08-27-97 Page 3 of 3 Development Application File Name: DOA ~ermit Application No. Supplemental Information Comprehensive Plan Amendment (~ ~¢-"z.¢:~ 1~'6-- ATTACH ADDITIONAL PAGES1 IF NECESSARY. I X 1. Proposed Zoning: RS-10 X 2. Explain how the proposed rezoning is consistent with the other elements of the comprehensive plan. CONSISTENT WITH LOW DENSITY RESIDENTIAL IN AREA. X __ 3, Explain how the proposed rezoning is in conformance with the applicable substantive requirements of the City of Sebastian Code of Ordiances. LOT SIZE AND DENSITY IS CONSISTENT, X 4. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? NONE. X __5. Explain how the proposed rezoning is compatible with the existing or future land uses of the City. LOT SIZE AND DENSITY IS COMPATIBLE WITH EXISTING AND FUTURE USES. X 6. Are there adequate public facilities to serve the proposed land use? YES. Form CD-2017 Revision: Approved: 08~27-97 Page 1 of 2 Rezonin9 F e Name: SIREZONE X 7. Explain how the proposed rezoning will not result in a significant adverse impact on the natural environment. NO NATURALLY SIGNIFICANT FEATURES EXIST ON THE SITE. X 8. Explain how the proposed rezoning will not adversely affect the property values of the area, the general health, safety and welfare or the financial resources of the City. THE PROPOSED DEVELOPMENT IS CONSISTENT AND COI~IPATIBLE WITH THE SURROUNDING PROPERTIES. HEALTH, SAFETY AND WELFARE WILL NOT BE COMPROMISED. X 9. Does the proposed rezoning wilt result in an orderly development pattern. THE DEVELOPMENT WILL CONSIST OF PAVED STREETS AND UNDERGROUND PUBLIC UTILITIES. X 10. Attach the following: X a. A verified statement showing each and every indidual person having a legal and/or equitable ownerhsip interest in the property upon which the application for rezoning is sought except publicly held corporations, in which case the names and addresses of the corporate officers shall be sufficient. X b. A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. X c. A survey and legal description of the property to be rezoned. Form CD-2017 Revision: Approved: 08-27-97 Page 2 of 2 Rezonin¢ F e Name: S REZONE To: From: Subject: Date: Cc: Mayor McCollum and City Council Members Sally Maio, CMC - City Clerk ~ City Council Expense Account/Travel Policy 7/1/2004 Terrence Moore, City Manager; Rich Stringer, City Attorney; Shai Francis, Finance Director; Deputy City Clerk, Jeanette Williams; Debra Krueger, Assistant Finance Director Staff met recently in an effort to revise and fine tune our travel policy, which was found to have some administrative glitches. One of the issues that was causing some concem at the administrative level was the City Council expense account which is set out in Section 2-34 of the Code of Ordinances and reads as follows: "Sec 2-34. Expenses of council members. There shall be paid to the mayor $75.00 per month expense allowance, and there shall be paid to each council member a $50.00 per month expense allowance. In addition thereto, council members shall be reimbursed for their actual and necessary travel expenses in accordance with sebtion 2-78." Section 2-78 reads: "Sec. 2-78. Travel policy. A travel policy shall be adopted by resolution and updated from time to time as necessary. All council member, charter officers and employees shall abide by and conform to the policy and procedures adopted in the travel policy." Additionally, Section 2-77 reads: "Sec. 2-77. Travel authorization and reimbursement. Persons shall obtain authorization to travel, except for emergencies as set forth in the travel policy, as follows: (a) City Council: Council members shall obtain authorization to travel prior to any travel at a regular city council meeting. Such authorization shall be by majority vote of the council members in attendance. Appointment by the council of a member to be the city's representative to a committee or agency shall be deemed to be authorization to attend meetings of said committee or agency. City Council Expense Account Page Two This language was adopted in 2000 by Ordinance No. O-00-01 along with companion Resolution No. R-00-03, which established the City's Travel Poticy. Although the "expense account" was originally intended as a true account for use by City Council members for expenses related to their position, such as envelopes, stamps, incidental travel, etc. it was included in the Travel Policy as strictly a travel account for incidental travel. Section 2-34 appears in a section of the Code relating to generally to City Council and is separate from a section devoted to Travel Expenses, and the two sections conflict. Current language relative to the expense account in the Travel Policy reads: XVII. Councilmember Accountable Plan - Chapter 2-34 City Code Pursuant to Chapter 2.34, City Code of Ordinances, the Mayor shall be paid $75 and each Councilmember shaft be paid $50 in advance per month for incidental travel and meals within the vicinity of the City while on official business of the City. The following rules shall govern these advances. The advances to the Mayor and Council members shaft be made under an accountable plan. Advances shall be made at the beginning of each month, unless that day shall fall on a weekend or holiday, in which case the payment shall be made on the day immediately following the weekend or holiday. B. An accountable plan - 2. 3. 4. requires Councilmember to maintain a log of mileage and meals in support of the advances. these advances shall be routed through the City Clerk's office and turned into Finance for audit if no mileage or meals have been claimed, an empty log shall be turned in to maintain continuity of the plan failure to maintain a log or turn in a log shaft be construed as no mileage or meals and will result in immediate reimbursement of any advances made. Travel advances shaft be on a fiscal year basis. Any portion of the advances not used on a monthly basis shall be carried over to the next month. At the end of the fiscal year, a final accounting shall be made and a determination made of any amounts due from each Councilmember. A bill shall be prepared and delivered via mail to the Councilmember. If an elected official is not returned to office, a final accounting and determination of any amounts due shall be made with respect to any advances. Any amounts shall be billed to the former Counciimember in accordance with these rules. City Council Expense Account Page Three Since adoption of these policies in 2000, several City Council members have opted not to participate in the accountable plan which was not originally intended as a travel plan. Section 2-34 does not appear to offer the option of opting out. The travel policy requires submittal of an empty Icg by members not participating and this has also not been followed. No advances to those who have decided to opt out are made at the beginning of each month as is required in the travel policy. In short the Code and travel policy conflict on several points, therefore we are offering several options for you to choose. Once decided, staff will complete the revision to the travel policy and Code and bring back amended language at your July 28, 2004 regular meeting. Option #1: Expense Account Each Council member will be advanced $50 per month and the Mayor $75 per month as set out in 2-34 for miscellaneous expenses related tothe office. Incidental travel within- Indian River County can be paid with those funds and no accounting will be necessary since it is an expense account which is automatically received and is taxable as income. All travel beyond 25 miles if approved by Council (such as membership on a committee or attendance at a conference or seminar) will be reimbursed in accordance with reimbursement allowances for Class A, B, or C travel (depending on the distance). We will delete the section on Councilmember Accountable Plan in the Travel Policy. Option #2: Expense Account (as an accountable travel plan) Each Council member will be advanced $50 per month and the Mayor $75 per month as set out in 2-34 for miscellaneous expenses related to the office. Incidental travel within Indian River County must be accounted for on a form provided by Finance. All members will submit a form whether used or not and any funds not used by a Councilmember will be reimbursed to the City at the end of the fiscal year. No taxes will be paid on the advance. All travel beyond 25 miles if approved by Council (such as membership on a committee or attendance at a conference or seminar) will be reimbursed in accordance with reimbursement allowances for Class A, B, or C travel (depending on the distance), Option #3: Repeal Expense Account Repeal the expense account language in the code and each Council member will submit for reimbursement of all approved travel on forms provided, i.e., form for incidental travel to assigned meetings and forms for Class A, B and C travel, all in accordance with Florida Statutes and/or City Travel Policy. The Travel Policy would need to be revised to reflect the repeal of the expense account. We ask that you review the options provided, and direct staff accordingly. Revisions will be provided to you on July 28, 2004 for consideration.